Resolution 2012-13 RESOLUTION NO. 2012- 15
RESOLUTION APPROVING A REVISED
EMPLOYEE MANUAL
WHEREAS, the City Council of the United City of Yorkville has considered and
discussed the importance of updating the United City of Yorkville Employee Manual, and
WHEREAS, the text of the United City of Yorkville Employee Manual the City Council
now desires to adopt is set forth on the attached Exhibit"A" which is incorporated herein, and
WHEREAS, it has been determined to be in the best interests of the United City of
Yorkville to repeal the previous Employee Manual, approved on February 10, 2004, and any
amendment thereto, and adopt a revised Employee Manual in the form attached hereto in Exhibit
"A",
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the United City of Yorkville Employee
Manual in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby
adopted as the Employee Manual of the City and the previous Employee Manual and any
amendment thereto adopted by the City Council is hereby repealed in its entirety.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of `> ��, A.D. 2012.
CITY CLERK
Resolution No. 2012- 13
Page 1
CHRIS FUNKHOUSER DIANE TEELING
LARRY KOT JACKIE MILSCHEWSKI
CARLO COLOSIMO MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
J9 day of J uME , A.D. 2012.
Z�4
MAYOR
Resolution No. 2012- /-3
Page 2
United City of Yorkville
Employee Manual
Effective: 07/15/2012
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
TABLE OF CONTENTS
Section 1 Introduction
1.1 Purpose and Mission Statement ..........................................................................................1
1.2 Application and Scope ........................................................................................................1
1.3 Gender and Singular Plural Clause .....................................................................................2
1.4 Collective Bargaining .........................................................................................................2
1.5 Amendments .......................................................................................................................2
1.6 History of City ....................................................................................................................2
1.7 City Vision Statement .........................................................................................................3
1.8 Definitions, Roles, and Responsibilities .............................................................................4
1.8.1 City Council ..........................................................................................................4
1.8.2 Mayor ...................................................................................................................5
1.8.3 Board of Fire and Police Commissioners ............................................................5
1.8.4 Types of Employees .............................................................................................5
1.8.4.1 Department Heads ..............................................................................5
1.8.4.2 Supervisory ........................................................................................6
1.8.4.3 Non-Exempt Full-Time ......................................................................6
1.8.4.4 Part-Time ...........................................................................................6
1.8.4.5 Volunteers ..........................................................................................6
Section 2 Personal Conduct
2.1 Standards of Conduct ..........................................................................................................7
2.1.1 Ethics Ordinance ..................................................................................................7
2.1.2 Gift Ban ................................................................................................................8
2.1.3 Fraud Prevention ..................................................................................................9
2.1.3.1 Reporting and Investigation Procedures ..........................................10
2.1.3.2 Termination ......................................................................................11
2.2 Compliance with Rules and Regulations ..........................................................................11
2.2.1 Minor Infraction Guidelines ..............................................................................11
2.2.2 Major Infraction Guidelines ...............................................................................12
2.3 Anti-Harassment Policy ....................................................................................................13
2.4 Threats, Violence and Weapons .......................................................................................14
2.4.1 Workplace Violence Policy ...............................................................................14
2.4.2 Prohibited Conduct ............................................................................................14
2.4.3 Reporting Procedures .........................................................................................14
2.4.4 Investigation and Responsive Action .................................................................15
2.4.5 No Retaliation ....................................................................................................15
2.5 Conflict of Interest ............................................................................................................15
2.5.1 Permitted Reasonable Exceptions ......................................................................16
2.5.2 Use of City Property ..........................................................................................16
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
2.6 Solicitation and Distribution .............................................................................................16
2.7 Drug Free Workplace Policy ............................................................................................17
2.7.1 Substance Use (Non-DOT Employees) .............................................................17
2.7.1.1 Statement of Policy .......................................................................17
2.7.1.2 Drug and Alcohol Testing Programs .............................................19
2.7.1.2.1 Pre-Employment Testing .........................................19
2.7.1.2.2 Reasonable Suspicion Testing .................................20
2.7.1.2.3 Post-Accident Testing ..............................................21
2.7.1.2.4 Return to Duty Testing .............................................21
2.7.1.3 Testing Methodology ....................................................................22
2.7.1.4 Disciplinary Provisions .................................................................22
2.7.1.5 Notification to Employer of Conviction .......................................23
2.7.2 Substance Use (DOT Employees) .....................................................................23
2.7.2.1 Applicability .................................................................................24
2.7.2.2 Prohibited Conduct .......................................................................24
2.7.2.2.1 Alcohol .....................................................................24
2.7.2.2.2 Drugs ........................................................................25
2.7.2.3 Drug and Alcohol Testing Programs .............................................25
2.7.2.3.1 Pre-Employment Testing .........................................25
2.7.2.3.2 Reasonable Suspicion Testing .................................26
2.7.2.3.3 Post-Accident Testing ..............................................26
2.7.2.3.4 Random Testing .......................................................28
2.7.2.3.5 Return to Duty Testing .............................................29
2.7.2.4 Testing Methodology ....................................................................29
2.7.2.5 Disciplinary Provisions .................................................................31
2.7.2.6 Notice to Employer of Conviction ................................................31
2.7.3 Substance Use (Employees in Bargaining Units) ..............................................31
2.8 Smoking and Tobacco .......................................................................................................31
2.9 Uniforms and Dress Code .................................................................................................31
2.9.1 Uniforms ............................................................................................................31
2.9.1.1 Taxation of Uniforms ....................................................................32
2.9.2 Dress Code .........................................................................................................32
2.9.2.1 Office Attire ..................................................................................32
2.9.2.2 Field Attire ....................................................................................32
2.9.2.3 Casual Friday ................................................................................33
2.9.2.4 Compliance ...................................................................................33
2.9.2.5 Enforcement ..................................................................................33
2.10 Information Systems Use Policy .......................................................................................33
2.10.1 General Policies .................................................................................................33
2.10.1.1 Ownership .....................................................................................33
2.10.1.2 Privacy ..........................................................................................34
2.10.1.3 Monitoring ....................................................................................34
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
2.10.1.4 Purchasing .....................................................................................34
2.10.1.5 Resource Consumption .................................................................34
2.10.2 Computer Usage Policy ......................................................................................34
2.10.2.1 Business Use .................................................................................34
2.10.2.2 Network Security ..........................................................................35
2.10.2.3 Laptop Usage ................................................................................35
2.10.2.4 Malicious Software Protection ......................................................35
2.10.2.5 Hardware .......................................................................................35
2.10.2.6 File Security ..................................................................................35
2.10.3 Software Application Usage ..............................................................................36
2.10.3.1 Installation and Removal ..............................................................36
2.10.3.2 Licensing .......................................................................................36
2.10.3.3 Database Applications ..................................................................36
2.10.4 Email Usage Policy ............................................................................................36
2.10.4.1 Ownership .....................................................................................36
2.10.4.2 Professional Communication ........................................................37
2.10.5 Internet Use Policy .............................................................................................37
2.10.5.1 Personal Use Policy ......................................................................37
2.10.5.2 Restricted Materials ......................................................................37
2.10.5.3 Professional Communication ........................................................37
2.10.5.4 Responsibility for Content ............................................................38
2.10.6 Retention of Public Records ..............................................................................38
2.10.6.1 Email Retention ............................................................................38
2.10.6.2 Electronic Document Retention ....................................................38
2.11 Emergency Contact Information .......................................................................................38
2.12 Outside Employment ........................................................................................................38
2.12.1 Restrictions ........................................................................................................38
2.12.2 Approval for Outside Employment ....................................................................39
2.12.3 Considerations for Disapproval .........................................................................39
2.13 City Identification Cards ...................................................................................................39
2.14 Tardiness and Absenteeism ...............................................................................................40
2.14.1 Habitual Tardiness/Lateness ..............................................................................40
2.14.2 Failure to Report to Work ..................................................................................40
2.14.3 Excusable Absences ...........................................................................................40
2.15 Disciplinary Action ...........................................................................................................40
2.15.1 Cause for Disciplinary Action ...........................................................................40
2.15.2 Investigation .......................................................................................................41
2.15.3 Pre-Disciplinary Conference ..............................................................................41
2.15.3.1 Proceedings of the Pre-Disciplinary Conference ..........................41
2.15.4 Types of Disciplinary Action .............................................................................41
2.15.4.1 Oral Warning ................................................................................41
2.15.4.2 Written Reprimand ........................................................................42
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
2.15.4.3 Suspension Without Pay ...............................................................42
2.15.4.4 Emergency Suspension With Pay .................................................43
2.15.4.5 Suspension With Pay ....................................................................43
2.15.4.6 Termination ...................................................................................43
2.15.5 Probationary Employees – Termination ............................................................43
2.15.6 Filing Disciplinary Actions in Personnel File ....................................................44
2.16 Grievances .........................................................................................................................44
2.16.1 Procedure for Filing a Grievance .......................................................................44
2.17 Safety and Health ..............................................................................................................45
2.17.1 Supervisor Responsibilities ................................................................................45
2.17.2 Employee Responsibilities .................................................................................45
2.17.3 Personal Protective Equipment ..........................................................................45
2.17.3.1 Hard Hats ......................................................................................46
2.17.3.2 Safety Shoes ..................................................................................46
2.17.3.3 Safety Harness ..............................................................................46
2.17.3.4 Safety Vest ....................................................................................46
2.17.3.5 Safety Glasses ...............................................................................46
2.17.3.6 Non-compliance with Safety Requirements .................................46
2.17.4 Worker’s Compensation ....................................................................................47
2.17.4.1 Employee Injury/Accident Reporting Requirements ....................47
2.17.4.2 Supervisor Reporting Requirements .............................................48
2.17.4.3 Human Resources Reporting Requirements .................................48
2.17.5 Work Related Injury Compliance ......................................................................48
2.17.5.1 Appointments and Follow Up .......................................................49
2.17.5.2 Transitional Duty ..........................................................................49
2.17.5.3 Case Management .........................................................................49
2.17.5.4 Paycheck and Benefits ..................................................................49
2.17.5.5 Accrual of Time ............................................................................49
2.17.5.6 Medical Bills .................................................................................49
2.17.5.7 Released to Work ..........................................................................50
2.17.6 Transitional Duty ...............................................................................................50
2.17.6.1 Physician Certification ..................................................................50
2.17.6.2 Transitional Duty Time Limitations/Restrictions .........................50
2.17.7 Accommodation Hearing ...................................................................................51
2.17.8 Use of City-Owned Motor Vehicles ..................................................................51
2.17.8.1 Vehicle Guidelines ........................................................................51
2.17.8.2 Take Home Vehicles .....................................................................52
2.17.8.3 Regulations Relating to Vehicle Use ............................................52
2.17.8.4 Reimbursement for Personally-Owned Vehicle Use ....................53
2.17.9 Collision Investigation Involving City Employees ............................................53
2.17.9.1 Vehicle Accident Reporting Requirements – Employee ..............53
2.17.9.2 Vehicle Accident Reporting Requirements – Supervisor .............53
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
2.17.9.3 Investigation Procedure ................................................................54
2.17.9.4 Employee Statements ....................................................................54
2.17.10 Emergency Conditions .......................................................................................54
2.17.10.1 Closing City Offices ..........................................................................54
2.18 Workplace Inspections ......................................................................................................55
2.18.1 Administrative Inspections ................................................................................55
2.18.2 Criminal Inspections/Searches ...........................................................................55
2.19 Nepotism ...........................................................................................................................55
2.19.1 Prohibition on Employing the Spouse/Relatives of Department Heads/Elected
Officials/Paid Appointed Officers (Anti-Nepotism) ..........................................55
2.19.2 Spouse/Relatives of Department Heads/Elected Officials .................................55
2.19.3 Relatives of all Employees .................................................................................56
2.20 Dissemination of Information Policy ................................................................................56
2.21 Use of Telephones .............................................................................................................57
2.21.1 Personal Use of Telephones ...............................................................................57
2.21.2 Cell Phone Policy ...............................................................................................57
2.21.2.1 Procedure ......................................................................................57
2.21.2.2 Allotted Minutes ...........................................................................58
2.21.2.3 Eligibility Criteria .........................................................................58
2.21.2.4 Employee Responsibilities ............................................................58
2.21.2.5 Department Head Responsibilities ................................................59
2.21.2.6 Repairs and Replacement of Equipment .......................................59
2.21.2.7 Termination ...................................................................................59
Section 3 Direct Compensation
3.1 Regular Hours of Work .....................................................................................................60
3.1.1 Workday Hours and Lunch Breaks ....................................................................60
3.1.2 Work Schedule ...................................................................................................60
3.2 Shift Changes ....................................................................................................................60
3.3 Payroll Administration ......................................................................................................60
3.4 Callback Pay .....................................................................................................................61
3.5 Overtime Scheduling ........................................................................................................61
3.6 Overtime Pay ....................................................................................................................61
3.7 Compensation Time ..........................................................................................................61
3.8 Public Works On Call .......................................................................................................62
3.9 Flex Time ..........................................................................................................................62
3.10 Longevity Pay ...................................................................................................................62
3.11 Performance Evaluations and Pay Adjustments ...............................................................62
3.11.1 Employee Performance Evaluations ..................................................................62
3.11.2 Pay Adjustments ................................................................................................63
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 4 Employment Benefits
4.1 Vacation Leave .................................................................................................................64
4.2 Holiday Leave ...................................................................................................................65
4.3 Sick Leave .........................................................................................................................65
4.3.1 Purpose, Allowance and Accumulation .............................................................65
4.3.2 Medical Verification ..........................................................................................66
4.3.3 Sick Leave Utilization ........................................................................................66
4.3.4 Unused Sick Leave ............................................................................................66
4.3.5 Sick Leave Donation Policy ...............................................................................66
4.4 Reporting of Absences ......................................................................................................67
4.5 Duty Related Illness Leave ...............................................................................................67
4.6 Emergency and Bereavement Leave .................................................................................67
4.7 Uniformed Services Employment and Reemployment Rights Act ..................................67
4.8 Illinois Family Military Leave Act ...................................................................................68
4.9 Jury Duty Leave ................................................................................................................68
4.10 Time Off for Voting ..........................................................................................................68
4.11 Unpaid Discretionary Leave .............................................................................................68
4.12 Employee Benefits Information ........................................................................................69
4.13 Health and Life Insurance Coverage .................................................................................69
4.14 Pension Participation ........................................................................................................70
4.14.1 Eligibility ...........................................................................................................70
4.14.2 Military Service Credit ......................................................................................70
4.15 Continuation of Medical Coverage ...................................................................................70
4.16 Education ..........................................................................................................................70
4.17 Training and Certificates ...................................................................................................71
4.18 Lodging and Meal Expenses .............................................................................................71
4.18.1 Family Lodging and Accompaniment ...............................................................72
4.19 Internal Revenue 457 Deferred Compensation Plan .........................................................72
4.20 Additional Voluntary Benefits ..........................................................................................72
4.21 Victim’s Economic Security and Safety Leave ................................................................72
4.21.1 Coverage and Eligibility ....................................................................................72
4.21.2 Notification and Verification .............................................................................73
4.21.3 Time Allowed ....................................................................................................73
4.21.4 Substitution of Paid Leave .................................................................................73
4.21.5 Job Protection .....................................................................................................73
4.22 Blood and Organ Donation Leave ....................................................................................73
4.22.1 Blood Donation ..................................................................................................73
4.22.2 Organ Donation ..................................................................................................74
4.23 School Conference and Activity Leave ............................................................................74
4.23.1 Eligibility Requirement ......................................................................................74
4.23.2 Notice Provisions ...............................................................................................74
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
4.24 Disability Leave ................................................................................................................74
4.24.1 Disability – Non Work Related ..........................................................................74
4.24.1.1 Less than One (1) Year’s Employment .........................................74
4.24.1.2 More than One (1) Year’s Employment .......................................75
4.24.2 Disability – Work Related .................................................................................75
4.24.2.1 Less than One (1) Year’s Employment .........................................75
4.24.2.2 More than One (1) Year’s Employment .......................................75
4.25 Family and Medical Leave ................................................................................................76
4.25.1 General Statement ..............................................................................................76
4.25.2 Eligibility ...........................................................................................................76
4.25.3 Reasons for Leave ..............................................................................................76
4.25.3.1 Serious Health Condition ..............................................................77
4.25.3.2 Qualifying Exigency Leave ..........................................................78
4.25.3.3 Military Care Giver Leave ............................................................78
4.25.4 Leave is Unpaid .................................................................................................80
4.25.5 Notice of Leave ..................................................................................................80
4.25.6 Medical Certification .........................................................................................81
4.25.7 Medical and Other Benefits ...............................................................................81
4.25.8 Returning from Leave ........................................................................................81
4.25.9 Reporting While on Leave .................................................................................82
4.25.10 Intermittent and Reduced Leave Schedule ........................................................82
4.25.11 Policy Administration ........................................................................................82
4.25.12 Interrelation of Leaves .......................................................................................82
4.25.13 Anti-Retaliation Provisions ................................................................................82
4.25.14 FMLA Forms .....................................................................................................83
4.26 Benefits While on Leave ...................................................................................................83
Section 5 Separation
5.1 Termination .......................................................................................................................84
5.2 Employee Termination and Exit Process ..........................................................................84
5.2.1 Service Retirement .............................................................................................84
5.2.2 Disability Resignation ........................................................................................84
5.2.3 Employee Initiated Resignation .........................................................................84
5.2.4 Probationary Termination ..................................................................................84
5.2.5 Layoff .................................................................................................................85
5.2.6 Exit Interview .....................................................................................................85
5.2.7 Termination Date ...............................................................................................86
5.2.8 Continuation of Benefits ....................................................................................86
5.2.8.1 Continuation of Benefits for Retirees ...........................................86
5.2.9 Pension Contribution Refunds ...........................................................................87
5.2.10 Unemployment Compensation ...........................................................................87
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
5.3 Use of Paid Time ..............................................................................................................87
5.4 Vacation Pay-Out at Termination .....................................................................................87
5.5 Sick Pay-Out at Termination ............................................................................................87
5.6 Medical/Dental Continuation Plan (COBRA) ..................................................................88
5.6.1 Eligibility Requirements ....................................................................................88
5.6.2 End of COBRA Coverage ..................................................................................88
5.7 Re-Employment ................................................................................................................89
5.8 References .........................................................................................................................89
Section 6 Personnel Practices
6.1 Equal Employment ............................................................................................................90
6.2 Recruitment .......................................................................................................................90
6.3 Hiring Policy .....................................................................................................................90
6.3.1 Applicability to Other Policies, Regulations and Agreements ..........................90
6.3.2 Approval to Recruit Personnel ...........................................................................90
6.3.3 Job Posting Process ............................................................................................91
6.3.4 Selection Process ...............................................................................................91
6.3.5 Job Offer ............................................................................................................91
6.4 Job Description Creation ...................................................................................................92
6.4.1 New Positions ....................................................................................................92
6.4.2 Existing Positions ..............................................................................................92
6.5 Personnel Records .............................................................................................................92
6.5.1 Maintenance of Records ...................................................................................92
6.5.2 Confidentiality ...................................................................................................92
6.5.2.1 Employee Review of Records .......................................................92
6.5.3 Standardized Forms ...........................................................................................93
6.5.4 Notification Process for Employment Status Change ........................................93
6.6 Probationary Period ..........................................................................................................93
Appendices
Appendix A Acknowledgement of Drug Free Workplace Policy and
Agreement to Abide by Policy ............................................................................94
Appendix B Drug Free Workplace Consent to Testing (Current Employee) ........................95
Appendix C Drug Free Workplace Post-Offer Consent to Testing (Applicant) ....................96
Appendix D Request for Authorization of Outside Employment ..........................................98
Appendix E Workers’ Compensation Employee Injury – Employee’s Report .....................99
Appendix F Workers’ Compensation Employee Injury – Supervisor’s Report ..................100
Appendix G Vehicle Accident Report ..................................................................................101
Appendix H Supervisor’s Vehicle Accident Investigation Report .......................................103
Appendix I Off Premises Training Hours Worked Agreement ..........................................104
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Appendix J Time Off Request Form ...................................................................................105
Appendix K Family Medical Leave Act (FMLA) Forms .....................................................106
Appendix K-1 Notification to Employer of Need for Family Medical Leave ..........107
Appendix K-2 Certification of Health Care Provider for Employee’s Serious Health
Condition ...........................................................................................108
Appendix K-3 Certification of Health Care Provider for Family Member’s Serious
Health Condition ...............................................................................112
Appendix L Employment Reference Release Form .............................................................116
v
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
SECTION 1
INTRODUCTION
Section 1.1 Purpose and Mission Statement of Personnel Policy Manual
The purpose of the United City of Yorkville Personnel Policy Manual is to establish a sound
human resources program based on policies equitable to the employees, employer, and taxpayers to be
administered systematically resulting in effective employee performance and morale. The objectives of
such a program should establish a system of human resources management based on merit and equitable
administration, establish and maintain a uniform and equitable plan of position classification and
compensation based on duties and responsibilities of positions in the City service, develop a program
that will make a career in municipal government attractive to persons who possess the ability, integrity
and dedication to serve the public, and provide a plan for continuing growth and education of the
municipal employee that will provide the competence and initiative required for effective performance,
equitable compensation, and public respect.
The mission of the United City of Yorkville Personnel Policy Manual is to provide the City
organization with a clear and comprehensive guide, relative to human resource administration, that will
enable it to recruit, hire, train, compensate and retain a highly skilled work force so that the City may
achieve its overall objective of serving the best interests of the citizens of Yorkville, while utilizing their
tax dollars in the most efficient and effective manner possible.
Section 1.2 Application and Scope
This document shall be known as the United City of Yorkville Personnel Policy Manual. This
Manual is designed to assist employees in performing their duties and responsibilities. It does not, and is
not, intended to cover every aspect of City operations. The general administrative and procedural
policies of the United City of Yorkville Personnel Policy Manual apply to all City employees, unless
stated otherwise. The benefit policies of the United City of Yorkville Personnel Policy Manual apply to
all regular, full-time employees, unless stated otherwise. The City Administrator shall decide all
disputes or questions relating to the determination of whether a policy is administrative and/or
procedural in nature. Sworn members of the Yorkville Police Department, with the exception of the
Chief of Police and Deputy Police Chief, are also subject to the rules and regulations of the United City
of Yorkville Board of Fire and Police Commissioners and to the provisions of the Illinois Compiled
Statutes. Where a conflict exits, the rules of the Board of Fire and Police Commissioners shall prevail to
the extent of the specific conflict only. Additionally, the various City departments may establish
working regulations and operating procedures to supplement the policies set forth in this Manual.
- 1 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Upon formal adoption by the City Council, this Manual supersedes all other previous personnel
rules, regulations, policies, and procedures, written or oral. In the event that any provisions of this
Manual conflict with the laws of the State of Illinois or the United States Government, the applicable
state or federal provision(s) shall take precedence. The term “Manual” shall mean this handbook and all
of its appendices collectively.
Section 1.3 Gender and Singular Plural Clause
Whenever the male pronoun is used in this Manual, it is intended to refer to all employees, male
or female. Words used in the singular also apply to the plural and vice versa.
Section 1.4 Collective Bargaining
Where the provisions of these rules conflict with those of a valid collective bargaining agreement
between the United City of Yorkville and a recognized bargaining unit, the collective bargaining
agreement shall take precedence over this Manual to the extent of the specific conflict only.
Section 1.5 Amendments
The policies, procedures, and practices in the United City of Yorkville Personnel Policy Manual
are subject to modification and further development as determined by the City Council, as well as
changes in state and federal law. Each member of City management can assist in keeping the Manual up
to date by notifying the Human Resources Manager whenever problems are encountered or
improvements can be made in the administration of the personnel policies. Human Resources will
recommend changes to the Personnel Policy Manual for review by Department Heads and consideration
by the City Administrator for inclusion in the Manual. Revisions to the policies outlined in this Manual
must be approved by the City Council. The City Administrator must approve any procedural changes in
this Manual. The City Administrator shall determine what is policy requiring City Council review and
what is policy relative to administrative procedural matters.
Section 1.6 History of City
The site where the present United City of Yorkville is located was first settled in 1833 by a man
named Earl Adams, who built a log cabin on what eventually became known as Courthouse Hill on the
south side of the Fox River. The village was laid out by Rulief Duryea in 1836 and named Yorkville,
apparently for Mr. Duryea’s home state of New York. In 1841, when Kendall County was formed, the
Village of Yorkville was named the County Seat. It was a short-lived distinction. The Village of
Oswego’s residents petitioned the state legislature in 1845 to move the county seat to the more
- 2 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
populated Oswego and after two votes, the recommendation passed. But Yorkville residents were not
prepared to let the issue die. Thirteen years later, in 1859, Kendall County voters chose to once again
designate Yorkville as the county seat because of its more centralized location. In 1864 a new
courthouse was completed. Although County courts were moved out of this historic building in 1997 to
a new Courthouse on John Street on the north side of the river, the old majestic courthouse, carefully
renovated to its former splendor, still sits atop Courthouse Hill overlooking Yorkville’s downtown
Business District. Today the Historic Courthouse is home to the Kendall County Forest Preserve
District and is a site for many community meetings.
Yorkville was officially incorporated as a village on July 8, 1874 with a population of almost
500 people. At that time, Yorkville only encompassed land on the south side of the Fox River; another
village, called Bristol, was located directly across from Yorkville on the north side of the river. It
wasn’t until April 16, 1957 that the two communities finally decided to join together to form one
municipality which became known as the United City of Yorkville.
Yorkville’s central business district for most of the community’s existence has been located on
the South side of the Fox River on Bridge Street (Route 47). Originally the street had run up the hill to
the Courthouse, but when the new bridge was built in the 1960s, Route 47 was straightened and the
business district realigned. In the 1970s, Countryside Mall was built on the City’s north side, at the
intersection of Rts. 47 and 34. For many years this mall was not only a shopping area, but a central
meeting place for the community. In 2005 the mall was leveled, to be replaced a new “lifestyle”
shopping center that will carry on the tradition of combining shopping and recreation. Other shopping
opportunities have arisen in the past few years with the addition of Kendall Marketplace, an 800,000
square-foot mall on the City’s northwest side, and numerous strip malls along the City’s major arterial
roads.
The United City of Yorkville recently has seen unprecedented growth in both residential and
commercial areas. Annexations have increased the City’s area to more than 20 square miles, with a
planning area of almost 70 square miles. There are many new projects on the horizon, such as plans for
the redevelopment of the downtown area, addition of new Parks and Recreation facilities, improvement
to the Glen Palmer Dam, a new water park, and new residential and commercial developments that will
continue to add to the excitement and vitality of the Yorkville community. In 2007 the United City of
th
Yorkville celebrated the 50 anniversary of its incorporation as a city with the motto – Together We’ve
Grown. With an interesting history and a bright future, the United City of Yorkville, located in what the
U.S. Census Bureau has designated as the fastest growing county in the United States, is looking
forward to many more years of growth and prosperity.
Section 1.7 City Vision Statement
Yorkville continues to embody the social and physical characteristics of a small town—
epitomized by a sense of community and a charming, revitalized downtown. The mechanisms
established to engage residents, businesses, youth, seniors, and special populations, help leaders make
decisions. Our strategic location will encourage continued development and expansion of the
community, for which we have effectively planned. Successful planning efforts have achieved a
mutually advantageous balance among retail, service, industrial and residential development. Such
plans, in combination with development exaction programs, assist Yorkville in maintaining a reasonable
- 3 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
tax base to fund services. Foresight has also prevented growth from outpacing quality service provision
to an increasingly diverse population—requiring housing alternatives to accommodate a variety of
income levels and accessibility preferences. Development will challenge residents’ ability to effectively
traverse the community. However, the City continues to encourage neighborhood connections through
its planning processes—ensuring opportunities for vehicular, pedestrian and non-vehicular travel to
avoid congestion, primarily created by Route 47. Blending community with nature through
beautification efforts remains a high priority. By requiring developments to provide and improve large
open spaces and by creating walking paths along the river, Yorkville has ensured there is room for both
recreation and relaxation in beautiful public areas. We realize that growth, diversity, and state funding
limitations are all critical challenges for the community to navigate in order to maintain Yorkville’s
reputation for an excellent public school system. Finally, recognizing the importance of collaborative
relationships to Yorkville’s long-term success, we seek to foster an environment of mutual benefit
among and between elected officials, staff, citizens, and other state and local governments.
Our vision is brought to life through perceptions, decision-making, activities, events and
experiences such as:
Emphasizing the river and downtown as a focal points of the community’s identity.
Acknowledging and celebrating our history to provide a commonality of citizenship.
Supporting community events that encourage a sense of family, community and affiliation.
Maintaining community assets.
Fostering relationships and developing systems that prepare the City for development
opportunities.
Assessing the transportation and development impact of the Prairie Parkway.
Establishing efficient development processes that allow the City to compete for targeted
development types.
Safeguarding property values by adhering to high building standards.
Expanding the park system and recreational programs to support community growth.
Seeking input routinely from the community on issues of significant concern.
Providing opportunities for people of similar ages and/or interests to interact.
Becoming a recognized leader in environmental matters, including community sustainability.
Creating systems for routine collaboration among and between organizations that influence
City goals .
Section 1.8 Definitions, Roles and Responsibilities
Section 1.8.1 City Council
Definition – The Mayor and Aldermen of the United City of Yorkville, as defined under the
Illinois Municipal Code.
Roles and responsibilities – The City Council shall exercise control over personnel through the
adoption of the City’s annual budget, compensation plan, confirmation of the Mayor’s
appointments, or by the adoption of policies, procedures, ordinances and resolutions as
deemed necessary by the Council. The Mayor may seek advisory input from the City
- 4 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Council in connection with annual performance evaluations for employees who have a
direct relationship with the Mayor as their immediate supervisor.
Section 1.8.2 Mayor
Definition – Per the Illinois Municipal Code.
Roles and responsibilities – The Mayor shall be responsible for ensuring the effective execution
and administration of the policies and procedures and may delegate such functions as
deemed necessary for the implementation of this system. The Mayor shall perform the
performance evaluations and may seek input from the City Council for employees who
have a direct relationship with the Mayor as their immediate supervisor.
Section 1.8.3 Board of Fire and Police Commissioners
Definition – As defined within City Code, as amended from time-to-time by ordinance.
Roles and Responsibilities – Performs the function of a civil service commission for all sworn
police officers. The board hires, fires, promotes, and disciplines all sworn members of
the police department, except the Police Chief, who is appointed by the Mayor with the
advice and consent of the City Council, and the Deputy Police Chiefs, who are appointed
by the Police Chief.
Section 1.8.4 Types of Employees
Section 1.8.4.1 DepartmentHeads
Definition – As determined within City Code, as amended from time-to-time by
ordinance. In general, are salaried on an annual basis, regardless of number of hours
worked over forty (40) hours per week.
Roles and responsibilities – Department head shall:
1)Be responsible for directing and coordinating personnel activities of the City on a
day-to-day basis.
2)Establish such rules as deemed necessary to the efficient and orderly
administration of their respective departments, in accordance with this employee
manual and City Code.
3)Complete performance evaluations for their subordinates in accordance with
Section 3.10.
4)Prepare a tentative department budget in accordance with direction given by their
supervisor during each budget cycle.
5)Prepare job descriptions and recommend the selection and hiring of all personnel
in accordance with Section 6.
6)Submit for approval any promotion, demotion, discharge of all personnel in their
respective department, with the Mayor having authority for final dispensation of
all employees.
- 5 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 1.8.4.2 Supervisory
Definition – Members of the management group, as determined by the FLSA status and
the provisions of the employee’s job description.
Roles and responsibilities – Supervisory personnel direct the daily work activities of unit
or shift of employees. Employees shall report tardiness, illness, or other absence, and
make requests for authorized leave to the Supervisory personnel, as dictated in the
sections of this employee manual.
Section 1.8.4.3 Non-Exempt Full-Time
Definition – Permanent employees scheduled to work forty (40) hours per week, and paid
on an hourly basis.
Roles and responsibilities – As defined by the job description of the position.
Section 1.8.4.4 Part-Time
Definition – Any employee who is employed regularly for less than forty (40) hours per
week. All work performed is paid as straight time, subject to department of labor
laws regarding overtime. Part-time employees may be eligible for benefits, in
accordance with the provisions within Section 4.
Roles and responsibilities – As defined by the job description of the position.
Section 1.8.4.5 Volunteers
Definition – An uncompensated person who volunteers to perform a service for the City
during a special event.
Roles and responsibilities – As
directed by the Department Head during a City special event.
- 6 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
SECTION 2
PERSONAL CONDUCT
Section 2.1 Standards of Conduct
Employees must exercise the utmost courtesy and discretion regarding all matters of City
business. Employees shall refrain from any action and avoid any public pronouncement that might
reflect adversely upon the City. Employees are expected to act as a representative of the United City of
Yorkville at all times. This means treating all citizens, customers, vendors, suppliers, and other service
providers courteously, professionally, and respectfully on the phone, on the road, on the computer, in
person or any other form of communication. Employees are also expected to treat each other in the same
manner. Any employee who is found to be in violation of City policy may be subject to disciplinary
action up to and including termination. Depending upon the seriousness of the action, other appropriate
civil or criminal sanctions may also be pursued. By signing off on receipt of this Personnel Policy
Manual employees agree to adhere to the standards of conduct set forth in Section 2.1, as well as its
subsections.
Section 2.1.1 Ethics Ordinance
In November of 2003, the Illinois General Assembly mandated that each unit of local
government adopt an ordinance “regulating the political activities of, and the solicitation and acceptance
of gifts, by the officers and employees of such units ‘in a manner no less restrictive” than the provisions
of the Act”. The City passed Ordinance 2004-26 in May of 2004 to comply with this mandate. The
Ethics Code provides very clear descriptions of the prohibited activities and consequences of any
violations. Of special note is that a violation to the Ethics Code is not treated as a violation of conduct,
but will likely lead to prosecution. The following is a summary of the Ethics ordinance:
A.No officer or employee shall intentionally perform any prohibited political activity
during any "compensated time", as defined herein. No officer or employee shall
intentionally use any property or resources of the United City of Yorkville in
connection with any prohibited political activity.
B.At no time shall any officer or employee intentionally require any other officer or
employee to perform any prohibited political activity: 1) as part of that officer's or
employee's duties, 2) as a condition of employment, or 3) during any
compensated time off (such as holidays, vacation or personal time off).
C.No officer or employee shall be required at any time to participate in any prohibited
political activity in consideration for that officer or employee being awarded
additional compensation or any benefit, whether in the form of a salary
adjustment, bonus, compensatory time off, continued employment or otherwise,
nor shall any officer or employee be awarded additional compensation or any
benefit in consideration for his or her participation in any prohibited political
activity.
- 7 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
D.Nothing in this section prohibits activities that are permissible for an officer or
employee to engage in as part of his or her official duties, or activities that are
undertaken by an officer or employee on a voluntary basis which are not
prohibited by this chapter.
E.No person either: 1) in a position that is subject to recognized merit principles of
public employment or 2) in a position the salary for which is paid in whole or in
part by federal funds and that is subject to the federal standards for a merit system
of personnel administration applicable to grant in aid programs, shall be denied or
deprived of employment or tenure solely because he or she is a member or an
officer of a political committee, of a political party, or of a political organization
or club.
Section 2.1.2 Gift Ban
Ordinance 2004-26 and Section 1-12-3 in the City Code also address a gift ban. Except as
described in general terms below, no officer or employee, and no spouse of or immediate family
member living with any officer or employee (collectively referred to herein as "recipients"), shall
intentionally solicit or accept any gift from any "prohibited source", as defined herein, or which is
otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift
that violates this section. Exceptions are generally:
A. Opportunities, benefits, and services that are available on the same conditions as for
the general public.
B. Anything for which the officer or employee, or his or her spouse or immediate family
member, pays the fair market value.
C. Any: 1) contribution that is lawfully made under the election code or 2) activities
associated with a fundraising event in support of a political organization or
candidate.
D. Educational materials and missions.
E. Travel expenses for a meeting to discuss business.
F. A gift from a "relative", meaning those people related to the individual as father,
mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, and including the father, mother,
grandfather, or grandmother of the individual's fiancé or fiancée.
G. Anything provided by an individual on the basis of a personal friendship unless the
recipient has reason to believe that, under the circumstances, the gift was provided
- 8 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
because of the official position or employment of the recipient or his or her
spouse or immediate family member and not because of the personal friendship.
In determining whether a gift is provided on the basis of personal friendship, the
recipient shall consider the circumstances under which the gift was offered, such
as:
1. The history of the relationship between the individual giving the gift and the
recipient of the gift, including any previous exchange of gifts between
those individuals;
2. Whether to the actual knowledge of the recipient the individual who gave the
gift personally paid for the gift or sought a tax deduction or business
reimbursement for the gift; and
3. Whether to the actual knowledge of the recipient the individual who gave the
gift also at the same time gave the same or similar gifts to other officers or
employees, or their spouses or immediate family members.
H. Food or refreshments not exceeding seventy five dollars ($75.00) per person in value
on a single calendar day; provided that the food or refreshments are: 1) consumed
on the premises from which they were purchased or prepared or 2) catered. For
the purposes of this section, "catered" means food or refreshments that are
purchased ready to consume which are delivered by any means.
I. Food, refreshments, lodging, transportation, and other benefits resulting from outside
business or employment activities (or outside activities that are not connected to
the official duties of an officer or employee), if the benefits have not been offered
or enhanced because of the official position or employment of the officer or
employee, and are customarily provided to others in similar circumstances.
J. Intragovernmental and intergovernmental gifts. For the purpose of this act,
"intragovernmental gift" means any gift given to an officer or employee from
another officer or employee, and "intergovernmental gift" means any gift given to
an officer or employee by an officer or employee of another governmental entity.
K. Bequests, inheritances, and other transfers at death.
L. Any item or items from any one prohibited source during any calendar year having a
cumulative total value of less than one hundred dollars ($100.00).
Each of the exceptions listed in this section is mutually exclusive and independent of every other.
Section 2.1.3 Fraud Prevention
The United City of Yorkville has established a fraud prevention policy to aid in the detection and
prevention of fraud against the City. It is the intent of the City to promote consistent organizational
behavior by providing guidelines and assigning responsibility for the development of controls and
conduct of investigations. This policy applies to any irregularity, or suspected irregularity, involving
- 9 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
employees and elected officials as well as contractors, consultants and/or any other parties with a
business relationship with the United City of Yorkville. Any investigative activity required will be
conducted without regard to the suspected wrongdoer’s length of service, position/title, or relationship to
the City.
The Human Resources Manager will provide employees with information regarding fraud
detection and prevention on an annual basis; however management is ultimately responsible for the
detection and prevention of fraud, misappropriations, and other irregularities. Fraud is defined as the
intentional, false representation or concealment of a material fact for the purpose of inducing another to
act upon it to his or her injury. Each member of the management team will be familiar with the types of
improprieties that might occur within his or her area of responsibility, and be alert for any indication of
irregularity. Any irregularity that is detected or suspected must be reported immediately to the City
Administrator, who will coordinate an investigation.
The terms defalcation, misappropriation, and other fiscal irregularities refer to, but are not
limited to:
Any dishonest or fraudulent act
Misappropriation of funds, securities, supplies, or other assets
Impropriety in the handling or reporting of money or financial transactions
Disclosing to other persons securities activities engaged in or contemplated by the City
Accepting or seeking anything of material value from contractors, vendors, or persons
providing services/materials to the City, except in circumstances described in Section 2.1.2
(Gift Ban) of the manual
Destruction, removal, or inappropriate use of records, furniture, fixtures, equipment, and/or
any other City owned property
Any similar or related irregularity
Irregularities concerning an employee’s moral, ethical, or behavioral conduct that is not
addressed in Section 2.1.1 (Ethics Ordinance) of this manual should be resolved by departmental
management and Human Resources. If there is a question as to whether an action constitutes fraud,
contact the City Administrator for guidance.
2.1.3.1 Reporting and Investigation Procedures
The City Administrator has the primary responsibility for the investigation of all
suspected fraudulent acts as defined in this policy. If the investigation substantiates that
fraudulent activities have occurred, the City Administrator will issue reports to appropriate
designated personnel and, if appropriate, to the City Council. Decisions to prosecute or refer the
examination results to the appropriate law enforcement and/or regulatory agencies for
independent investigation will be made in conjunction with legal counsel, as will final decisions
on disposition of the case.
The City Administrator has the authority to examine, copy, and/or remove all or any
portion of the contents of files, desks, cabinets, and other storage facilities on the premises
- 10 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
without prior knowledge or consent of any individual who might use or have custody of any such
items or facilities when it is within the scope of his investigation.
Great care must be taken in the investigation of suspected improprieties or irregularities
so as to avoid mistaken accusations or alerting suspected individuals that an investigation is
underway. The City Administrator treats all information received confidentially. Any employee
who suspects dishonest or fraudulent activities will notify the City Administrator immediately,
and should not attempt to personally conduct investigations or interviews/interrogations related
to any suspected fraudulent act.
An employee who discovers or suspects fraudulent activity will contact the City
Administrator immediately. The employee or other complainant may remain anonymous. All
inquiries concerning the activity under investigation from the suspected individual, his or her
attorney or representative, or any other inquirer should be directed to the City Administrator or
City Attorney. No information concerning the status of an investigation will be given out. The
proper response to any inquiries is: “I am not at liberty to discuss this matter.” Under no
circumstances should any reference be made to “the allegation,” “the crime,” “the fraud,” “the
forgery,” “the misappropriation,” or any other specific reference.
The reporting individual should be informed of the following:
Do not contact the suspected individual in an effort to determine facts or demand
restitution.
Do not discuss the case, facts, suspicions, or allegations with anyone unless
specifically asked to do so by the City Administrator or the City’s legal counsel.
2.1.3.2 Termination
If an investigation results in a recommendation to terminate an individual, the
recommendation will be reviewed for approval by the Mayor and by legal counsel before any
such action is taken.
Section 2.2 Compliance with Rules and Regulations
Employees are expected to comply with the personnel policies and practices contained herein.
Penalties will be assessed for infractions of these policies and procedures. Minor infractions do not
require the same severe disciplinary action that is necessary for major infractions. All employees are
subject to disciplinary action up to and including discharge for engaging in, but not limited to, the
following illustrations of unacceptable conduct.
Section 2.2.1 Minor Infraction Guidelines
Minor infractions are the type of behavior that does not generally, upon first offense, require
severe disciplinary action, but if continued, may lead to suspension or termination. Minor infractions
include but are not limited to:
- 11 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
1.Wasting time, loitering or being away from assigned working place without good
reason.
2.Tardiness.
3.Careless or unsafe use of City property.
4.Unauthorized posting or removal of any matter from City bulletin boards or City
property.
5.Lack of courtesy to an individual, either on the phone, on the computer or in person.
Section 2.2.2 Major Infraction Guidelines
Major infractions are the type of behavior that may result in severe disciplinary action, such as
suspension or termination. Major infractions include but are not limited to:
1. Refusal to carry out a specific order or instruction (written or oral) issued by a
supervisor.
2. Theft from fellow workers, the City or any others.
3. Willful omission of facts or falsifying personnel or other records during or after time
of employment.
4. Habitual tardiness or absenteeism.
5. Failure to comply with City or department policies and procedures and/or collective
bargaining agreement.
6. Unauthorized sleeping on the job.
7. Consumption, possession, or use of any drug (on the job), including intoxicants,
alcohol, stimulants, and depressants, other than those prescribed by a physician to the
employee. Reporting to work under the influence of any intoxicant, stimulant, and/or
depressant (other than that prescribed by a physician) will be considered as if the
employee had consumed the drug on the job.
8. Violation of the IT Use and Security policy (outlined later in this chapter).
9. Working in an unsafe manner, including disregarding established safety practices and
procedures and/or the failure to use personal protective equipment as required.
10. Malicious, careless, or negligent action resulting in injury or damage to person or
property.
11.Failure to report a workplace injury or accident within twenty-four (24) hours of
occurrence.
12. Three (3) wage garnishment submittals (requests) made to the City involving more
than one (1) indebtedness within a twelve (12) month period.
13. Careless or unsafe use of City property, which results in injury to a person or damage
to, said property.
14. Harassment of any kind.
15. Absence from work for one (1) day without permission, without proper notification,
or without adequate explanation.
16. Gambling of any type on municipal property.
17. Revealing or divulging confidential information to parties not involved.
18. Issues of workplace violence
- 12 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.3Anti-Harassment Policy
The United City of Yorkville is committed to maintaining a work environment that is free of
discrimination. In keeping with this commitment, we will not tolerate harassment of City employees by
anyone, including any supervisor, co-worker, or any third party. All employees are expected to avoid
any behavior or conduct that could reasonably be interpreted as harassment. All employees are expected
to make it known promptly, through the avenues identified below, whenever they experience or witness
offensive or unwelcome conduct.
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based
upon a person's protected status, such as sex, color, race, religion, national origin, age, physical or
mental disability or other protected group status. The City will not tolerate harassing conduct that
affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that
creates an intimidating, hostile, or offensive working environment. Such harassment may include, for
example, jokes about another person's protected status, kidding, teasing or practical jokes directed at a
person based on his or her protected status.
Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual
favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when (1)
submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to
or rejection of the conduct is used as the basis for an employment decision, or (3) the conduct has the
purpose or effect of unreasonably interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment. Sexual harassment is conduct based on sex,
whether directed towards a person of the opposite or same sex, and may include explicit sexual
propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing", "practical
jokes", jokes about obscene printed or visual material, and physical contact such as patting, pinching, or
brushing against another person's body.
All City employees are responsible to help assure that harassment is avoided. Anyone who
believes that they have experienced or witnessed harassment should notify the City Administrator, a
Department Head, Supervisor, City Attorney, or Mayor.
The City forbids retaliation against anyone for reporting harassment, assisting in making a
harassment complaint, or cooperating in a harassment investigation. Anyone who believes that they
have been retaliated against should notify the City Administrator, a Department Head, Supervisor, City
Attorney, or Mayor.
The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest
extent practicable, the City will keep complaints and the terms of their resolution confidential. If an
investigation confirms that a violation of the policy has occurred, the City will take corrective action,
including discipline, up to and including immediate termination of employment.
An employee who believes that he or she has been the subject of harassment or retaliation for
complaining about harassment also has the right to file a charge of civil rights violations with the
appropriate state or federal enforcement agency. These include:
- 13 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Illinois Department of Human Rights
100 West Randolph Street, Suite 10-100
Chicago, Illinois 60601
312-814-6200
United States Equal Employment Opportunity Commission
Chicago District Office
500 West Madison Street, Suite 2000
Chicago, Illinois 60661
800-669-4000
Section 2.4 Threats, Violence and Weapons
Section 2.4.1 Workplace Violence Policy
The City will not tolerate any threats, threatening behavior or acts of violence against employees,
visitors, or other individuals by anyone on City property or while an employee is off-premises engaged
in City business. There is no justification for such actions. Any employee who violates this policy will
face disciplinary action up to and including discharge and may face possible arrest and criminal
prosecution.
Section 2.4.2 Prohibited Conduct
"Workplace violence" includes any behavior or conduct on City premises, which is sufficiently
severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety
or the safety of co-workers and/or property. It includes, but is not limited to:
a. Any physical behavior, or threat of physical behavior, which involves aggressive contact
with any person, including pushing, hitting, fighting, throwing objects or otherwise
intentionally injuring another person or attempting to injure another person;
b. Any physical behavior, or threat of physical behavior, that would place a reasonable
person in fear of receiving imminent physical injury or aggressive physical contact of the
sort discussed above; or
c. Any act of vandalism or other intentional damage or destruction of City property.
No employee or third party, except for authorized law enforcement personnel, is permitted to bring
weapons or firearms onto City property (including City vehicles).
Section 2.4.3 Reporting Procedures
Employees who become aware of workplace violence or any threat of workplace violence,
whether by an employee or non-employee, must immediately report such action to their immediate
supervisor and law enforcement personnel. Disciplinary action may result if the employee having
knowledge of a suspected violent act fails to report the incident. Any employee who is a victim of
- 14 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
workplace violence must immediately report the situation to law enforcement personnel, then his or her
supervisor or the City Administrator when the supervisor is involved. Any report made pursuant to this
policy will be treated with confidentiality to the extent reasonably possible and appropriate.
Actions that may be considered endangering or life threatening by or against any employee or
individual on City property should be reported to local law enforcement agency by calling 911, in
addition to the reports set forth above.
Section 2.4.4 Investigation and Responsive Action
All incidents of alleged workplace violence will be investigated promptly by the City. Based on
the results of the investigation, the City will take appropriate action. If a violation of policy is found,
such action may include immediate discharge. Additionally, the City may report the situation to law
enforcement. When applicable, the City and its employees shall cooperate fully with police and other
law enforcement officials in the investigation and prosecution of any workplace violence. The City may
take other actions, as it deems appropriate under the specific circumstances, including seeking judicial
action.
Section 2.4.5 No Retaliation
The City forbids retaliation against any employee for reporting any violation of this policy. Any
employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up
to and including discharge.
Section 2.5 Conflict of Interest
No City employee shall engage in any act, which is in conflict, or creates an appearance of
unfairness or conflict with performance of official duties. An employee shall have a conflict of interest if
the employee:
1.Has any financial interest in any sale to the City of any property, goods, or services
when such financial interest was received with prior knowledge that the City intended
to purchase the property, goods, or services.
2.Solicits, accepts, or seeks a gift, gratuity or favor from any person, firm, or
corporation involved in a contract or transaction which is or may be the subject of
official action by the City.
3.Participates in his/her capacity as a City employee in the initiating or issuing of a
purchase order or contract in which he/she has a private pecuniary interest, direct or
indirect, or performs in regard to such contract some function requiring the exercise
of discretion on behalf of the City.
4.Engages in, accepts employment from, or renders services for private interests for any
compensation or consideration having monetary value when such employment or
service is incompatible with the proper discharge of official duties or would tend to
impair independence of judgment or action in performance of official duties, or give
the appearance of the above. An employee should not make a unilateral decision. If
there is any doubt about his/her private employment, the Department Director should
be consulted.
- 15 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
5.Directly or indirectly gives, receives, or agrees to receive any compensation, gift,
reward, commission or gratuity from any source except the City for any matter
directly connected with or related to his/her official services as such employee with
the City, except for courtesies as provided in reasonable exceptions.
6.Discloses or uses without authorization confidential information concerning property
or affairs of the City to advance a private interest with respect to any contract or
transaction which is or may be the subject of official action of the City.
7.Has a financial interest or personal interest in any legislation coming before the City
Council and participates in discussion with or gives an official opinion to the City
Council unless the employee discloses on the record of the Council the nature and
extent of such interest. Interests include:
A)Interests in an employee’s immediate family.
B)Any business entity in which stock or legal beneficial ownership is in excess
of one percent (1%) of the total stock, or legal ownership is controlled or
owned directly or indirectly by the employee.
C)Interest in any business entity in which the City employee is an officer,
director, or employee.
D)Interest in any person or business entity with whom a contractual relationship
exists with the employee; provided that a contractual obligation of less than
$500 or a commercially reasonable loan or purchase made in the course of
ordinary business shall not be deemed to create a conflict of interest.
Section 2.5.1 Permitted Reasonable Exceptions
Recognizing that personal friendships often precede and can evolve from official contact
between employees and persons engaged in business with the City, reasonable exceptions to this section
are permitted for those occasions which are social in nature and are not predicated on the employee’s
ability to influence, directly or indirectly, any matter before the City.
The employee will be guided in interpretation of this section by the distinction between a gift,
gratuity, or favor given or received which has significant monetary value and is offered or accepted in
expectation of preferential treatment and an expression of courtesy. Examples of acceptable courtesies
include a meal or social event; exchanges of floral offerings; gifts of food to commemorate events such
as illness, death, birth, holidays, or promotions; or a sample or promotional gift.
Section 2.5.2 Use of City Property
Employees may only do work which is of direct benefit to the City while on City owned
property. No employee shall use City-owned vehicles, equipment, materials, or other property for
private use, or as part of secondary employment outside of City premises.
Section 2.6 Solicitation and Distribution
Employees are expected to devote their full attention to their assigned duties during work hours.
Except for requests for contributions for gifts or receptions, held only during breaks or lunch periods,
- 16 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
specifically to honor employees on their retirement, resignation from City employ, or other events of
personal significance, the following rules shall be in effect:
1. Employees may not solicit for or distribute literature during work hours on behalf of
any organization, charity or cause except during non-work periods such as breaks or
lunch periods. The City may solicit for or distribute literature on behalf of a charity or
cause.
2. Employees who wish to solicit for any organization, charity or cause may not disturb
other employees when the other employees are working.
3. Employees may not distribute literature on behalf of any organization, charity or
cause in working areas.
4. Employees who wish to solicit for or distribute literature on behalf of any
organization, charity or cause must do so in a manner and location, which does not
disturb members of the public who are transacting business with the City.
5. Non-employees of the City may not solicit or distribute literature on behalf of any
organization, charity or cause on City property, which is not open to the general
public.
6. Non-employees who wish to solicit or distribute literature on behalf of any
organization, charity or cause on City property, which is open to the general public,
must do so in a manner and location, which does not interfere with the conduct of
City business.
Section 2.7 Drug Free Workplace Policy
Section 2.7.1 Substance Use (Non-DOT Employees)
The United City of Yorkville is firmly committed to providing a productive, safe and healthful
work environment. The use of illegal drugs, abuse and misuse of alcohol, adversely affects those
objectives by increasing absenteeism, lowering productivity and quality and most of all, jeopardizing the
health and safety of those involved and the safety of others. The following policy and testing program
requires compliance by all non-DOT regulated employees as a condition of employment and continued
employment with the City.
The United City of Yorkville reserves the right to interpret, revise or discontinue any provision
of this policy.
Appendices A, B, and C are attached and have been incorporated into this policy and program.
Appendix A is simply an acknowledgment of receipt required to be executed by all new and current
employees. Appendix B and Appendix C consist of “Consent to Test” forms to be executed by current
employees as well as applicants respectively.
2.7.1.1 Statement of Policy
The United City of Yorkville recognizes that our employees’ health and safety are of the
utmost importance. Drug use and alcohol misuse may pose a serious threat to employee health and
- 17 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
safety. It is the policy of the United City of Yorkville to prevent substance use or abuse from
having an adverse effect on our employees. The work environment is safer and more productive
without the presence of illicit or inappropriate drugs or alcohol in the body or on City property.
Furthermore, all employees have a right to work in a drug-free environment and to work with
individuals free from the effects of drugs or alcohol. Employees who use or abuse prohibited
substances are a danger to themselves, their co-workers, the public and the City’s property.
The federal government, many States and the Unions representing our employees have
recognized the adverse impact of substance abuse in the workplace. The United City of Yorkville
will follow the provisions of current collective bargaining agreements, which incorporate drug
and/or alcohol testing, as necessary. All employees are advised that remaining drug-free and
qualified to perform assigned duties safely are conditions of continued employment with the City.
The United City of Yorkville will conduct post-offer pre-employment testing of all
applicants. All employees may be subject to testing where circumstances establish that reasonable
cause/suspicion of prohibited substance use exists and following on-the-job accidents or injuries.
Any employee who tests positive will be subject to immediate termination. Any
employee who refuses to comply with a proper request to submit to testing or who fails to
cooperate in the test process will be terminated. These procedures are designed not only to detect
violations of this policy but also to ensure fairness to each employee. Every effort will be made to
maintain the dignity of employees or applicants involved. Disciplinary action, up to and including
immediate termination from employment will, however, be taken as necessary.
The United City of Yorkville prohibits the manufacture, distribution, dispensation,
possession, concealment, use, sale or transfer of alcohol or illegal drugs, and the possession
and/or purchase of drug related paraphernalia while on City premises or in a City vehicle. The
United City of Yorkville prohibits employees from using alcohol, illegal drugs or controlled
substances while at work, performing City business or job-related duties, while on City property
or while operating City equipment (including vehicles).
All employees have an obligation to comply with and support this policy. Any employee
who is aware of a violation of the policy should report it to his immediate supervisor or any
manager. Every effort will be made to preserve the confidentiality of the source of a report to
the extent possible. All reports will be taken seriously. Persons submitting false reports are
subject to discipline up to and including immediate termination.
An employee taking over-the-counter or prescribed medication must be aware of any
effect the medication may have on the performance of their duties. The employee must inform
his physician of his job duties in order to make certain that the drug does not affect or interfere
with the employee’s safe and effective performance of his job duties. If the employee’s
physician determines that the drug affects or interferes with the employee’s safe and effective
performance of his duties then the employee must promptly report to their immediate supervisor
the use of the medication and its possible effects. All prescription and non-prescription drugs
must be kept in their original packaging or container. An employee who fails to do so is subject
- 18 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
to disciplinary action, up to and including immediate discharge. Such information will be kept
confidential and such employees will be reasonably accommodated to the extent required by law.
The United City of Yorkville may, with probable cause, conduct searches on and of any
of its property, including inspection of vehicles, lockers, desks, employee tool and lunch boxes,
briefcases, packages, etc. Private vehicles parked on City property are normally not affected by
this policy. Refusing to submit to a search or inspection when requested by management will be
cause for immediate discharge. Any illegal substance found on City property may be turned over
to appropriate law enforcement authorities for investigation and possible criminal enforcement
action.
All drug/alcohol test results will be kept in a secure file in the United City of Yorkville’s
Human Resource Manager’s office. These files are strictly confidential in accordance with the
law. Under no circumstances should the facts surrounding a case be discussed by anyone from
the City with a person not directly or immediately involved with the case.
To support this policy, the United City of Yorkville has adopted the following Uniform
Drug and Alcohol Testing Program that applies to its employees (both hourly and salaried).
A.Pre-Employment Testing;
B.Reasonable Cause Testing;
C.Post Accident Testing;
Neither this policy nor any of its terms are intended to create a contract of employment, or to alter the
existing employment or contractual relationship in any way. The United City of Yorkville retains the sole
right to change, amend or modify any term or provision of this policy without notice.
2.7.1.2 Drug and Alcohol Testing Programs
2.7.1.2.1 Pre-Employment Testing
After an offer of employment has been extended, the applicant must undergo a
drug screen designed to identify whether or not the applicant is using illegal drugs. This
drug screen will be administered by a clinic or lab selected by the United City of
Yorkville. All offers of employment with United City of Yorkville are contingent on the
City receiving a negative drug test result verified by the City’s Medical Review Officer.
Should a positive test result exist, the applicant’s offer of employment will be
automatically rescinded by the City. If for any reason the applicant has already begun
working for the United City of Yorkville before the City receives the positive test result,
the applicant’s employment will come to an immediate end. However, the applicant can
submit documentation supporting the legitimate use for a specific drug or the specific
drug that resulted in a positive determination. This documentation must be made either
prior to or within 24 hours after the positive drug result is communicated to the applicant.
Should the applicant’s ability to safely and effectively perform his or her job be affected
by the legitimate use of any drug, then the City will attempt to provide accommodations
- 19 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
to the extent required by law. If the offer of employment is revoked or if employment
ends, the applicant who tests positive under the provisions of this policy may re-apply for
employment with the United City of Yorkville after a time period of twelve (12) months,
however, there shall be no guarantee of re-employment.
ANY APPLICANT WHO REFUSES TO CONSENT TO A TEST OR WHO
FAILS TO COMPLY WITH ANY TESTING PROCEDURES OR TESTS POSITIVE
FOR THE USE OF DRUGS WILL NOT COMMENCE WORK FOR THE UNITED
CITY OF YORKVILLE, AND THE JOB OFFER WILL BE AUTOMATICALLY
RESCINDED. EMPLOYMENT IS EXPRESSLY CONDITIONED ON THE
SUCCESSFUL PASSAGE OF THE POST-OFFER DRUG SCREEN.
In recognition of the requirements of the Americans with Disabilities Act (ADA),
the United City of Yorkville will not discriminate against an applicant who has
successfully completed a drug or alcohol rehabilitation program. However, the ADA
does not prevent the City from refusing to hire any applicant who tests positive for illicit
drug use prior to employment.
2.7.1.2.2 Reasonable Suspicion Testing
The United City of Yorkville has the discretion to decide when and under what
circumstances an employee is fit for work. No employee will be permitted to work while
under the influence of alcohol, or any drug not specifically prescribed by the employee’s
physician and used in accordance with that prescription.
Testing on the basis of reasonable suspicion shall include, but not be limited to: 1)
involvement in a near-miss accident (an accident that was narrowly avoided) caused by
the employee’s actions or inaction; 2) observation of an employee acting or appearing in
a manner which suggests drug or alcohol use, such as, behavior, appearance, judgment,
coordination, job performance and/or other conduct including, but not limited to, slurred
speech, glassy eyes, unsteady walk, disorientation, significant or repeated lapses of
concentration, emotional outbursts, substantial mood changes, the smell of alcohol on the
employee’s breath, etc.; 3) instances where the City observes or receives credible
information that the employee is using or is under the influence of drugs and/or alcohol;
or 4) other facts which support a reasonable belief that the employee is using or is under
the influence of drugs and/or alcohol in violation of this policy.
All City department heads and supervisors will receive training to assist them in
identifying behavioral characteristics of the use of prohibited substances in the workplace.
Any department head or supervisor who observes such behavior must, within 24 hours,
confidentially notify the Human Resources Manager in writing of the date, time, particular
facts observed and employee’s name. The Human Resources Manager must determine if
the department head’s or supervisor’s suspicions are reasonable within 24 hours of being
notified. Upon the Human Resources Manager’s determination that reasonable suspicion
exists, testing can commence. However, once the determination that reasonable suspicion
- 20 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
exists, under no circumstances will an employee be allowed back to work until he or she
has a negative drug and/or alcohol test.
In reasonable cause cases, the City shall require the employee to go directly to a
collection site for drug and/or alcohol testing. The employee will be transported to the
collection site by a City representative. Refusal to consent to testing will be considered
insubordination and grounds for termination of employment.
If notice of a positive test result is received from the Medical Review Officer,
then the employee will be subject to the disciplinary provisions in Section 2.7.1.4 of this
Program. However, if a negative test result is received, then the employee will be
immediately reinstated for work with back pay, if applicable.
2.7.1.2.3 Post-Accident Testing
Anyone who suffers an accident on City property must report it immediately to
his or her immediate supervisor or manager, so that proper action and/or medical
treatment may be provided. Failure to report any injury immediately may adversely
affect an employee’s benefits and rights under the law, and is grounds for disciplinary
action up to and including immediate discharge.
An employee shall be tested for the use of controlled substances and/or alcohol as
soon as possible, but no later than eight (8) hours, after a reportable accident occurring
while during the course of City business and involving said employee if the City has
probable cause to suspect that controlled substances and/or alcohol contributed to the
accident.
For the purposes of this Section, a “reportable accident” means an accident resulting in:
1.The death of a human being;
2.Bodily injury to any person (including the employee) who, as the result of the
injury, receives medical treatment --- including “first-aid”; or
3.Damage to property in excess of $500.
If notice of a positive test result is received from the Medical Review Officer
following a post-accident drug and/or alcohol screen, then the employee will be subject to
the disciplinary provisions in Section 2.7.1.4 of this Program. However, if a negative test
result is received, then the employee will be immediately reinstated for work with back
pay, if applicable.
2.7.1.2.4 Return to Duty Testing
Any individual who has performed services for the United City of Yorkville but
who, for whatever reason, has not worked for the City for a period of 30 consecutive
calendar days must undergo testing for drug and/or alcohol use. If a notice of a positive
- 21 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
test result is received from the Medical Review Officer following said testing, then the
employee will be subject to the disciplinary provisions in Section 2.7.1.4 of this Program.
2.7.1.3 Testing Methodology
This policy and program allows for the testing for drugs and alcohol. All laboratories
used to perform urine and/or breath testing pursuant to this Program will be accredited by the
National Institute on Drug Abuse and will perform testing in accordance with the standards
approved by the Department of Health and Human Services.
Drug Screening
Urine testing will be conducted to screen the presence of the following drugs and
their metabolites:
-Marijuana - Barbiturates
-Cocaine - Benzodiazepines
-Opiates - Methadone
-Amphetamines - Propoxyphene
-Phencyclidine (PCP)
Alcohol Screening
All breath alcohol testing performed under this Program shall be performed to
determine blood alcohol content only. Any employee having a blood alcohol content of
at least .02 shall be deemed to have tested positive for the use of alcohol and such a result
shall subject the employee to the disciplinary provisions contained in Section 2.7.1.4 of
this Program.
The United City of Yorkville shall retain a qualified Medical Review Officer to receive
test results from the laboratory and to carry out all actions necessary to confirm positive test
results.
2.7.1.4 Disciplinary Provisions
The United City of Yorkville is a zero tolerance employer. Any employee who tests
positive for the use of a controlled substance and/or alcohol in violation of this policy or
program, as reported to the City’s Human Resources Manager by the City’s Medical Review
Officer, shall be unqualified to work for the United City of Yorkville and shall be immediately
discharged.
An employee who "refuses to submit" to an alcohol or drug test as provided herein is
subject to immediate termination. “Refuses to submit” means that an employee:
1.Fails to appear for any test within a reasonable time, as determined by the
City, consistent with this policy after being directed to do so by the City.
- 22 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
2.Fails to remain at the testing site until the testing process is complete.
3.Fails to provide a urine specimen for any drug test required.
4. In the case of a directly observed or monitored collection in a drug test, fails to
permit the observation or monitoring of the employee's provision of a
specimen.
5. Fails to provide a sufficient amount of urine when directed, and it has been
determined, through a required medical evaluation, that there was no adequate
medical explanation for the failure.
6.Fails or declines to take a second test the employer or collector has directed
the employee to take.
7.Fails to cooperate with any part of the testing process (e.g., refuse to empty
pockets when so directed by the collector, behave in a confrontational way
that disrupts the collection process, or failing to complete all documents, or
failing to comply with reasonable directives); or
8.Is reported by the Medical Review Officer as having a verified adulterated
sample or substituted test result.
2.7.1.5 Notification to Employer of Conviction
As a condition of initial and continued employment, each employee shall a) agree in
writing to abide by the terms of the City’s policy respecting a drug and alcohol-free workplace;
and, b) agree, as required by law, to inform his or her supervisor of his or her conviction of any
criminal drug or alcohol Statute, for a violation occurring on or off City premises, while
conducting City business, no later than five (5) days after such a conviction. A conviction means
a finding of guilt (including a plea of "no lo contendere") or the imposition of a sentence by a
Judge or jury in any federal or state court, and/or a finding of Court Supervision.
Section 2.7.2 Substance Use (DOT Employees)
The United City of Yorkville is firmly committed to providing a productive, safe and healthful
work environment. The use of illegal drugs, abuse and misuse of alcohol, adversely affects those
objectives by increasing absenteeism, lowering productivity and quality and most of all, jeopardizing the
health and safety of those involved and the safety of others.
The purpose of this policy is to establish an alcohol and drug testing program to help prevent
accidents and injuries resulting from the misuse of alcohol and drugs by covered drivers of commercial
motor vehicles in compliance with the Federal Department of Transportation Regulations promulgated
at Rule 49 CFR Part 40 and the Omnibus Transportation Employee Testing Act of 1991, enacted
October 28, 1991.
- 23 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Appendices A, B, and C are attached and have been incorporated into this policy and program.
Appendix A is simply an acknowledgment of receipt required to be executed by all new and current
employees. Appendix B and Appendix C consist of “Consent to Test” forms to be executed by current
employees as well as applicants respectively.
Section 2.7.2.1 Applicability
This policy applies to all City employees who operate commercial motor vehicles and are
subject to the commercial driver's license (CDL) requirements of the Code of Federal
Regulations promulgated under The Omnibus Transportation Act.
The United City of Yorkville has a separate drug and alcohol policy included in the
employee handbook, for all other employees (see Section 2.7.1).
Section 2.7.2.2 Prohibited Conduct
Employees covered by United City of Yorkville’s DOT Drug & Alcohol Policy shall not:
1.Be under the influence of any controlled substance without medical authorization; No
driver shall report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver uses any controlled substance, except when the use
is pursuant to the instructions of a licensed medical practitioner who has advised the
driver that the substance will not adversely affect the driver's ability to safely operate a
commercial motor vehicle.
2.Report for, or remain on duty, performing a safety-sensitive function while having a
breath alcohol concentration of 0.02 or greater.
3.Use alcohol while performing safety-sensitive functions.
Section 2.7.2.2.1 Alcohol
1.No covered driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions while having an alcohol concentration
of .02 or greater. The City shall not permit the covered driver to perform or
continue to perform safety-sensitive function if it has actual knowledge that a
driver has an alcohol concentration of .02 or greater.
2.A covered driver shall not be on duty or operate a commercial motor vehicle
while the covered driver possesses alcohol, unless the alcohol is manifested and
transported as part of a shipment. The City shall not permit the covered driver to
drive or continue to drive a commercial motor vehicle if it has actual knowledge
that a driver possesses unmanifested alcohol.
- 24 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
3.A covered driver shall not use alcohol while performing safety sensitive
functions. The City shall not permit the driver to perform or continue to perform
safety-sensitive functions if it has actual knowledge that a driver is using alcohol
while performing safety-sensitive functions.
4.No covered driver shall perform safety-sensitive functions within four (4) hours
after using alcohol. The City shall not permit the driver to perform or continue to
perform safety sensitive functions if it has actual knowledge that a driver has used
alcohol within four (4) hours.
5.A covered driver required to take a post-accident alcohol test shall not use alcohol
for eight (8) hours following the accident, or until he/she undergoes a post-
accident alcohol test, whichever is first.
Section 2.7.2.2.2 Drugs
1.The City will not permit a covered driver to perform safety-sensitive functions
who has used any illegal drug or controlled substance except when the use is
pursuant to the instructions of a physician who has advised the City that the
substance does not adversely affect the driver's ability to safely operate a
commercial motor vehicle.It is the driver's responsibility to notify the City if this
situation is applicable.
2. Independent of the requirements of the Omnibus Transportation Employee
Testing Act of 1991 and the regulations promulgated thereunder, the covered
driver must notify the City that he/she is using controlled substances pursuant to
the instructions of the physician who has advised the driver that the substance
does not adversely affect the driver's ability to safely operate a commercial motor
vehicle.
Section 2.7.2.3 Drug and Alcohol Testing Programs
Section 2.7.2.3.1 Pre-Employment Testing
Pre-employment testing is testing for drugs that the City administers after a
conditional offer of employment has been extended and prior to any covered driver's
performance of a safety-sensitive function. If the pre-duty drug testing reveals a presence
of drugs, it will result in revocation of the conditional offer of employment. The City
may, in its sole discretion, forego pre-duty testing where the exceptions promulgated at
DOT 49 CFR S.382.301 (b) or (c), relating to drug and alcohol testing of covered drivers
by their previous employers, are satisfied.
The United City of Yorkville will not allow a driver to perform any safety-
sensitive functions until the employee has passed pre-duty testing for drugs and alcohol.
Prior to the first time a driver performs safety-sensitive functions for an employer, the
driver shall undergo testing for controlled substances as a condition prior to being used.
- 25 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
The City will not allow a driver that it intends to hire or use to perform safety-sensitive
functions unless the City has received a controlled substances test result from the Medical
Review Officer indicating a verified negative test result for that driver.
Section 2.7.2.3.2 Reasonable Suspicion Testing
Reasonable suspicion testing is alcohol and drug testing that the City conducts
when it has reasonable suspicion to believe that a covered driver has engaged in conduct
prohibited by this policy. Reasonable suspicion must be based upon specific,
contemporaneous, articulable observations concerning the appearance, behavior, speech
or body odors of a covered driver by a department head or supervisor who is specially
trained to recognize alcohol misuse or drug use.
The City will not administer a reasonable suspicion alcohol test more than eight
(8) hours following a determination that reasonable suspicion exists to believe that the
alcohol prohibitions of this policy have been violated. Notwithstanding the absence of a
reasonable suspicion alcohol test, the City will not permit any covered driver to report for
duty or remain on duty requiring the performance of a safety-sensitive function while the
driver is under the influence of, or impaired by, alcohol as shown by the behavioral,
speech and performance indicators of alcohol misuse, until an alcohol test is administered
and the driver's blood alcohol concentration measures .02 or 24 hours have elapsed
following a determination that reasonable suspicion exists to believe that the alcohol
prohibitions of this policy have been violated. A written record shall be made of
observations leading to reasonable suspicion, signed by the department head or
supervisor who made the observations, within twenty-four (24) hours of the observed
behavior or before the results of drugs tested are released, whichever is earlier.
Drivers covered by this paragraph are subject to alcohol testing as follows:
Immediately prior to the start of duty in a safety sensitive function, or during duty hours
in a safety sensitive function, or immediately following completion of duty in a safety
sensitive function. Reasonable suspicion drug testing may be conducted at any time the
covered driver is on duty for the City.
2.7.2.3.3 Post-Accident Testing
A post-accident test is a test for alcohol and drugs administered following an accident
involving a commercial motor vehicle to each surviving covered driver.
A covered driver who is subject to post-accident testing shall remain readily
available for such testing or may be deemed by the City to have refused to submit to
testing. This shall not be construed to require the delay of necessary medical attention for
injured individuals following an accident or to prohibit a covered driver from leaving the
scene of an accident for the period necessary to obtain assistance in responding to the
accident or to obtain necessary emergency medical care.
- 26 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
ALCOHOL TESTS: As soon as practicable following an occurrence involving a
commercial motor vehicle operating on a public road in commerce, the City will test for
alcohol for each of its surviving drivers:
1.Who was performing safety-sensitive functions with respect to the vehicle, if
the accident involved the loss of human life; or
2.Who receives a citation within 8 hours of the occurrence under State or local
law for a moving traffic violation arising from the accident, if the accident
involved:
a.Bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
b.One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the motor vehicle to be transported away from
the scene by a tow truck or other motor vehicle.
If an alcohol test required by this section is not administered within two hours
following the accident, the City shall prepare and maintain on file a record stating the
reasons the test was not promptly administered. If a test required by this section is not
administered within eight hours following the accident, the employer shall cease attempts
to administer an alcohol test and shall prepare and maintain the same record.
CONTROLLED SUBSTANCE TESTS: As soon as practicable following an
occurrence involving a commercial motor vehicle operating on a public road in
commerce, the City will test for controlled substances (drugs) for each of its surviving
drivers:
1.Who was performing safety-sensitive functions with respect to the vehicle, if
the accident involved the loss of human life; or
2.Who receives a citation within thirty-two hours of the occurrence under State
or local law for a moving traffic violation arising from the accident, if the
accident involved:
a. Bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
b.One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the motor vehicle to be transported away from
the scene by a tow truck or other motor vehicle.
If a controlled substance (drug) test required by this section is not administered
within 32 hours following the accident, the City will cease attempts to administer a
- 27 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
controlled substances test, and prepare and maintain on file a record stating the reasons
the test was not promptly administered.
The City will provide drivers with necessary post-accident information,
procedures and instructions, prior to the driver operating a commercial motor vehicle, so
that drivers will be able to comply with the requirements of this section.
2.7.2.3.4 Random Testing
Random testing is unannounced testing for alcohol and drugs administered in a
statistically random manner throughout the year to covered drivers employed by the City
so that all covered drivers have an equal probability of selection each time said random
pool is created for selection.
Drivers covered by this paragraph are subject to alcohol testing as follows:
Immediately prior to the start of duty in a safety sensitive function, or during duty hours
in a safety sensitive function, or immediately following completion of duty in a safety
sensitive function. Random drug testing may be conducted at any time the covered driver
is on duty for the City.
Every driver shall submit to random alcohol and controlled substance testing as
required in this section.
A list of drivers randomly selected for testing will be provided to the City by
Midwest Occupational Health Management Services (MOHMS) on a quarterly basis.
The selection of drivers for random alcohol and controlled substances testing will be
made by a scientifically valid method, such as a random number table or a computer-
based random number generator that is matched with drivers' Social Security numbers,
payroll identification numbers, or other comparable identifying numbers.
Each driver selected for random alcohol and controlled substances testing under
the selection process used will have an equal chance of being tested each time selections
are made. Each driver selected for testing will be tested during the selection period.
The City will ensure that random alcohol and controlled substances tests
conducted under this part are unannounced and that the dates for administering random
alcohol and controlled substances tests conducted under this part are spread reasonably
throughout the calendar year.
It is required that each driver who is notified of selection for random alcohol
and/or controlled substances testing reports to the Human Resources Manager
immediately to obtain their selection notice. After obtaining their selection notice the
driver must immediately proceed to the testing facility. If the driver is performing a
safety-sensitive function, other than driving a commercial motor vehicle, at the time of
notification, the City will instead require that the driver ceases to perform the safety-
sensitive function and reports to the Human Resources Manager as soon as possible.
- 28 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
2.7.2.3.5 Return to Duty Testing
Any individual who has performed services for the United City of Yorkville but
who, for whatever reason, has not worked for the City for a period of 30 consecutive
calendar days must undergo testing for drug and/or alcohol use. If a notice of a positive
test result is received from the Medical Review Officer following said testing, then the
driver will be subject to the disciplinary provisions in Section 2.7.2.5 of this Program.
2.7.2.4 Testing Methodology
The United City of Yorkville will conform to the requirements in the Department of
Transportation Rule 49 CFR part 40 in all aspects. Alcohol and drug testing procedures are
determined by the Federal Department of Transportation and maybe subject to change at any
time with or without notice.
The United City of Yorkville will ensure that alcohol and drug test information is maintained in a
confidential manner in conformity with the Department of Transportation Rule 49 CFR Part 40.
The United City of Yorkville will ensure that all contracts between the City and any other
entity involved in the alcohol and drug testing program will comply with the procedures set forth
in the Department of Transportation Rule 49 CFR Part 40.
For an in-depth explanation of alcohol and drug testing procedures, please refer to
Department of Transportation 40 CFR Part 40 Subpart C, a current copy of which is kept on file
in the Human Resources Office.
ALCOHOL: Alcohol testing will be administered by a Breath Alcohol Technician
(BAT) certified by the completion of a NHTSA model course, trained in utilizing an evidential
breath testing device (EBT) that conforms to the requirements promulgated at The Department of
Transportation 49 CFR part 40.51. The EBT used for testing shall meet the standards
promulgated at The Department of transportation 49 CFR part 40.53 and have a quality
assurance plan (QAP) developed by the manufacturer to ensure proper calibration. Testing will
be conducted in a location that affords visual and aural privacy to individuals being tested.
If the initial test reveals a blood alcohol concentration of .02 or greater, a confirmatory
test must be performed. The confirmatory tests will produce the only result from which
disciplinary action may be taken. If the blood alcohol concentration is confirmed to be greater
than .02 the covered driver will be immediately discharged, per the City’s zero tolerance policy.
DRUGS: A Department of Health and Human Services certified laboratory will perform
drug testing on urine samples provided by covered drivers. The drugs for which tests will be
conducted are:
a.Marijuana (THC) d. Opiates
- 29 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
b.Cocaine e. Amphetamines
c.Phencyclidine (PCP) f. MDMA (Ecstacy)
This list may be subject to change, with or without notice, as determined by Federal
Department of Transportation regulations. The cutoff levels for these drugs will conform to
those promulgated at The Department of Transportation 49 CFR Part 40.
The United City of Yorkville and the certified laboratory will conduct the collection,
shipment, testing and chain-of-custody in a manner promulgated under The Department of
Transportation Rule 49 CFR Part 40 to ensure the integrity of the testing process.
The split urine specimen method of testing will be utilized providing one sample for
preliminary screening and initial confirmation, and a second sample for a second confirmation
test if needed at a later date. The Medical Review Officer will conduct a final review of all
positive test results to assess possible alternative medical explanations for the results
INCOMPLETE TESTING: If a screening or confirmation test cannot be completed, or if
an event occurs that would invalidate the test, the BAT shall, if practical, begin a new screening
or confirmation test, as applicable, E.g., using a new breath alcohol testing form with a new
sequential test number (in the case of a screening test conducted on an EBT that meets the
requirements of 40.53 (b) or in the case of a confirmation test.)
REFUSAL TO SUBMIT TO TESTING: An employee who "refuses to submit" to an
alcohol or drug test as provided herein is subject to immediate termination. “Refuses to submit”
means that an employee:
1.Fails to appear for any test within a reasonable time, as determined by the
City, consistent with this policy after being directed to do so by the City.
2.Fails to remain at the testing site until the testing process is complete.
3.Fails to provide a urine specimen for any drug test required.
4. In the case of a directly observed or monitored collection in a drug test, fails to
permit the observation or monitoring of the employee's provision of a
specimen.
5. Fails to provide a sufficient amount of urine when directed, and it has been
determined, through a required medical evaluation, that there was no adequate
medical explanation for the failure.
6.Fails or declines to take a second test the employer or collector has directed
the employee to take.
7.Fails to cooperate with any part of the testing process (e.g., refuse to empty
- 30 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
pockets when so directed by the collector, behave in a confrontational way
that disrupts the collection process, or failing to complete all documents, or
failing to comply with reasonable directives); or
8.Is reported by the Medical Review Officer as having a verified adulterated
sample or substituted test result.
2.7.2.5 Disciplinary Provisions
The United City of Yorkville is a zero tolerance employer. Any employee covered under
this policy who tests positive for the use of a controlled substance and/or alcohol in violation of
this policy or program, as reported to the City’s Human Resources Manager by the City’s
Medical Review Officer, shall be unqualified to work for the United City of Yorkville and shall
be immediately discharged.
2.7.2.6 Notification to Employer of Conviction
As a condition of initial and continued employment, each employee shall a) agree in
writing to abide by the terms of the City’s policy respecting a drug and alcohol-free workplace;
and, b) agree, as required by law, to inform his or her supervisor of his or her conviction of any
criminal drug or alcohol Statute, for a violation occurring on or off City premises, while
conducting City business, no later than five (5) days after such a conviction. A conviction means
a finding of guilt (including a plea of "no lo contendere") or the imposition of a sentence by a
Judge or jury in any federal or state court, and/or a finding of Court Supervision.
Section 2.7.3 Substance Use (Employees in Bargaining Units)
City employees who are members of a bargaining unit are subject to the same testing standards
as other City employees, with the exception of any provisions relating to Drug and Alcohol Testing
outlined in their contract. The City will provide the testing clinic with the portion of the contract
outlining these provisions to ensure compliance. Disciplinary procedures will be followed per this
manual for any violations of drug/substance abuse unless otherwise stipulated in the employee's
contract, or unless another disciplinary process is followed for that employee (i.e. Board of Fire &
Police Commission for sworn police officers).
Section 2.8 Smoking and Tobacco
In conjunction with the Smoke Free Illinois Act smoking and/or use of any form of tobacco
products are prohibited within any City owned vehicle or structure or while operating any City owned
tools or equipment. Smoking is further prohibited within a minimum distance of 15 feet from entrances,
exits, windows that open and ventilation intakes that serve an enclosed area. Violation of the Act will be
met with prosecution according to Illinois law, and employees may be further disciplined.
Section 2.9 Uniforms and Dress Code
Section 2.9.1 Uniforms
- 31 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
The City provides uniforms for certain classifications of employees. Uniforms, and/or City
purchased apparel are to be worn at all times during work hours and should not be worn on personal
time. The uniform specifications are set by the Department Head.
Section 2.9.1.1 Taxation of Uniforms
The value of work clothing provided by the employer is not taxable to the employee if:
1.The employee must wear the clothing as a condition of employment, and
2.The clothes are not suitable for everyday wear.
If the clothing does not qualify as a deductible expense (i.e. as a uniform), then these
payments must be treated as a taxable fringe benefit and are subject to income, social security,
and Medicare taxes. Thus, a police officer uniform qualifies for exclusion from income.
However, a detective’s suit jacket and related clothing , since they are suitable for everyday
wear, do not qualify as a uniform and are taxable to the employee.
Section 2.9.2 Dress Code
Employees of the United City of Yorkville are required to present a favorable personal
appearance, and adhere to personal grooming and hygiene standards. The attire of employees on the job
should be in good taste, neat, clean, and appropriate for the duties to be performed. In order to maintain
and project a professional public image and create a positive working environment, the United City of
Yorkville Human Resources Division has developed a dress code policy. The Human Resources
Division recognizes that certain employees have job responsibilities that require attire other than
business - casual. For those purposes, the policy is separated into two categories: Office Attire and Field
Attire. Below is definition of those categories and proper and improper attire.
Section 2.9.2.1 Office Attire
The United City of Yorkville has adopted a business - casual dress code policy. Business
- casual applies to all employees whose primary job responsibilities require them to be in an
office setting. Articles of clothing not acceptable as business - casual include the following:
Rubber-soled flip flops, halter or tube tops, blue jeans (including shorts and capris), midriff
baring tops, muscle shirts, spaghetti strap tops, sweatpants and sweatshirts, shorts more than
three (3) inches above the knee, gym shoes, and clothing with potentially offensive words.
Section 2.9.2.2 Field Attire
For individuals whose job responsibilities require an outside work environment where
comfort, safety and inclement weather is an important factor, appropriate safety field attire is
required. Articles of clothing not acceptable as field attire include the following: Open -toed
shoes and sandals, halter or tube tops, midriff baring tops, muscle shirts, spaghetti strap tops,
shorts more than three (3) inches above the knee, and clothing with potentially offensive words.
- 32 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.9.2.3 Casual Friday
Employees are allowed to dress casually on Fridays with blue jeans, gym shoes and blue
jean capris acceptable attire. Articles of clothing not acceptable on Casual Friday include halter
or tube tops, midriff baring tops, muscle shirts, spaghetti strap tops, shorts more than three (3)
inches above the knee, and clothing with potentially offensive words.
Section 2.9.2.4 Compliance
All United City of Yorkville employees are required to adhere to the Dress Code Policy
as mandated by their job responsibilities and title. It is the responsibility of Department Heads
within the United City of Yorkville to ensure staff is aware of, and remains compliant with the
policy. However, there may be circumstances when an employee may need to deviate from the
policy based on a particular job request or responsibility. In those circumstances, compliance of
the policy will be waived with consent from the Department Head.
Section 2.9.2.5 Enforcement
The respective Department Head will conduct a personal, private discussion with any
employee whose attire is questionable. When an obvious policy violation occurs, the
Department Head will conduct a private discussion with the employee. The employee will also
be asked to go home and change into proper attire and return to work. Employees will not be
paid during the time period that they are absent from work to change their attire. Repeated
policy violations will result in disciplinary action, up to and including termination.
Section 2.10 Information Systems Use Policy
The purpose of this policy is to set forth the responsibilities of United City of Yorkville
(hereafter referred to as “City”) employees with respect to the use of the City’s information systems in
order to maintain the reliability, accessibility and effectiveness of these systems. These systems are in
place in an effort to ease the communications and data exchange of City employees and, as such, the
safety of these systems is important. Many employees share these resources and it is the responsibility of
the users to respect others who utilize these systems. This policy is not exclusive and serves as a guide
for users to be aware of what is expected of them.
Section 2.10.1 General Policies
Section 2.10.1.1 Ownership
All computer hardware, networking equipment and communications equipment included
in the City’s information systems are the property of the City and should be treated as such. Any
information that is created on these systems and any messages sent from or received by the
City’s systems may be considered public records and are not the intellectual property of the user
that created them. In the event that employment is terminated by either party, any hardware
owned by the City in the employee’s possession must be returned.
- 33 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.10.1.2 Privacy
In the course of working on the City’s information systems, users will have access to the
personal information of citizens and other employees. Under applicable federal, state, and local
laws, this information should be treated as confidential and with respect to the individual’s right
to privacy.
Section 2.10.1.3 Monitoring
Users should be aware that any activity performed on the City’s information systems may
be monitored by the City’s Information Technology Department (hereafter “ITD”)
for security and maintenance purposes. This includes, but is not limited to: logon information,
file system access, e-mail system usage and internet usage. The ITD also has access to the
entirety of the file system in order to perform backups and maintenance. Let users be aware that,
although there is no expectation of privacy on the City’s systems, any monitoring and access by
ITD staff members will be done with as much respect for the user’s privacy as possible.
Section 2.10.1.4 Purchasing
Purchasing and acquisition of any computer equipment or software applications must be
approved by an Information Technology Department staff member. The purpose of this policy is
to maintain uniformity in hardware and software systems throughout the City in an effort to ease
maintenance of systems.
Section 2.10.1.5 Resource Consumption
Users should not knowingly utilize an amount of system resources that causes
undue stress on the system or that prevents other users from accessing any part of the system.
Actions that may be considered over-consumption of resources include, but are not limited to:
excessive bandwidth use over network lines, mass e-mails, consumption of server processing
power, wasting large amounts of server storage space or overuse of printers or copiers. Users
who do not adhere to this policy may have access to these resources limited or restricted entirely.
Section 2.10.2 Computer Usage Policy
Section 2.10.2.1 Business Use
Use of any equipment (including computers, printers, fax machines and any other
devices) should be limited to City business only. Explicitly restricted is the use of the systems to
create, possess, access or transmit any material which is illegal, obscene, sexually explicit,
discriminatory, defamatory or interferes with the activities of other users. Employees should also
not use any equipment to participate in illegal activities, gambling, political causes, chain letters,
list servers for non-business use or personal commercial ventures. Employees should not upload
or download trademarked, patented or copyrighted materials unless they are legally allowed to
do so. Employees should not use City equipment to attempt to break into or damage any internal
or external systems.
- 34 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.10.2.2 Network Security
Employees should not share passwords with anyone other than ITD staff. Employees
should not grant any unauthorized person remote or local access to the computer systems. This
includes, but is not limited to: letting someone use your workstation, letting someone place
unauthorized hardware on the network that allows them access or enabling any type of remote
access via the internet. In the event that any person requests access to the network, direct them to
an ITD staff member for approval. It is the employee’s responsibility to report any tampering or
breach of security to the ITD staff. In the event that an employee feels their account security has
been compromised, they should immediately contact the ITD staff to request a change of
password. ITD staff may, at its discretion or by request, restrict or remove any employee’s
access to network resources.
Section 2.10.2.3 Laptop Usage
In the event that an employee is issued a laptop, it is the employee’s responsibility to
maintain the security of the device. If there is confidential data stored on the laptop, it is the
employee’s responsibility to protect that data from unauthorized persons. The laptop must be, at
a minimum, password-protected and should not be left unattended when out of the office. In the
event that a laptop is stolen or lost, it is the responsibility of the employee to report the missing
laptop to a department head and/or the ITD staff. All usage policies that apply to standard
desktops apply to laptops as well.
Section 2.10.2.4 Malicious Software Protection
In an effort to prevent the effects of malicious software (viruses, spyware, malware, etc.)
from compromising the security of the systems, antivirus software is installed on all computers.
In that event that a virus is detected on an employee’s system, it is the responsibility of the
employee to make the ITD staff aware of the problem so they can take steps to clean the system.
Employees shall not willfully introduce a virus or any other type of malicious software into the
computer system. Doing so is expressly prohibited and could be grounds for disciplinary action
and/or criminal prosecution.
Section 2.10.2.5 Hardware
Employees shall not modify any hardware on the system without the approval of an ITD
staff member. This includes, but is not limited to: modifying workstation hardware
configurations, adding or removing networking equipment, adding or removing monitors and
adding or removing printers and other peripherals. Any requests for changes in hardware must be
directed to the ITD staff.
Section 2.10.2.6 File Security
It is the responsibility of the employee to be aware of how the data they are working on is
being saved and backed up. Data systems vary amongst departments. In general, data should be
- 35 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
saved to a central server which is regularly backed up. In the event that no central server is
available, data is saved to your local hard drive(s). Data that is saved on local drives, either by
choice or by necessity, is not automatically backed up in any way. It is the employee’s
responsibility to back up local data. If an employee is unsure of how their data is being saved,
they should contact an ITD staff member. Employees shall not willfully destroy, corrupt or
prevent the access of the data files of other employees, even if the system grants them access to
do so. Employees shall not copy any confidential data from any system and take that data off-site
without permission. This includes, but is not limited to: burning data to a CD, placing data on a
flash memory device or e-mailing data.
Section 2.10.3 Software Application Usage Policy
Section 2.10.3.1 Installation and Removal
To prevent potentially disruptive interaction between software packages, only software
approved by an ITD staff member may be installed on the computer systems. Employees shall
not remove software from any computer without the approval of an ITD staff member.
Employees shall also not install any software on the computer system that is not for business
purposes. Employees shall not bring software from home to install on a work computer. The ITD
staff may, at its discretion, remove software from any computer that is deemed unnecessary for
an employee to perform his or her duties.
Section 2.10.3.2 Licensing
No software is to be installed on a computer that the City does not hold a proper license
for, whether the program allows it or not. Some licenses allow for an application to be installed
on multiple computers. It is the responsibility of employees to coordinate with the ITD staff to
stay in compliance with licensing agreements. The ITD staff may, at its discretion, remove
improperly licensed software from any computer.
Section 2.10.3.3 Database Applications
The City makes use of multiple specialized database applications to manage data.
Employees shall not knowingly corrupt or delete data from these databases in such a way that
would compromise the integrity or accuracy of the database. Nor shall employees knowingly
insert false data into these databases. Any attempt to modify the data in these databases from
anywhere other than within the application itself may be seen as an attempt to corrupt the
database.
Section 2.10.4 E-Mail Usage Policy
Section 2.10.4.1 Ownership
The City provides to each employee at least one e-mail address to be used for work
purposes. The employee does not own this e-mail address. Upon termination of employment, the
e-mail address will remain open long enough to retrieve any data from the account that is
- 36 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
important to City business and will then be deleted from the system. The City retains the right to
monitor and view any e-mail message within the system, at any time, if such action is deemed
necessary. There is no expectation of privacy for employee e-mails.
Section 2.10.4.2 Professional Communication
Any e-mail message sent from a City e-mail address should be presented in a professional
manner. E-mails sent from within the system are representative of the City as a whole and should
be treated as formal communication. This includes both business and personal communication.
Under no circumstances should e-mails originating from a City e-mail address contain material
that is: illegal, sexually explicit, obscene, violent, threatening, vulgar, discriminatory, defamatory
or in any way unethical. The e-mail system shall not be used to send or receive files in violation
of copyright, trademark or patent. The e-mail system shall not be used for commercial ventures,
private or personal business dealings or political causes. The e-mail system shall not be used to
participate in online gambling, send chain letters, play games or participate in betting pools.
Violation of this policy could be grounds for disciplinary action up to and including termination.
Section 2.10.5 Internet Use Policy
Section 2.10.5.1 Personal Use Policy
Internet access is provided to employees as a tool to aid them with business functions.
However, the City recognizes that employees may wish to utilize their internet access for some
personal uses. The City does not strictly prohibit this. However, any personal use of the internet
should be done responsibly and in such a way that it does not interfere with the employee’s work
or the work of any other employee. Any personal use of the internet should be done during break
or non-work time. Employee internet access is considered a privilege and may be limited or
revoked in the event that an employee is unable to utilize this resource responsibly.
Section 2.10.5.2 Restricted Materials
Although the internet can be a powerful informational tool, there are also many sites on
the internet that are either dangerous or do not represent the ethics of the City. To this end,
employees should not knowingly visit any sites which contain material that is: sexually explicit,
illegal, obscene, violent, vulgar, discriminatory, defamatory or in any way unethical. Employees
should not use the internet to download any program that is unlicensed or any material that is
protected by copyright or patent. Employees should not knowingly visit sites that will infect their
computer with viruses, spyware or any type of malware. Violation of this policy may result in
disciplinary action up to, and including, termination.
Section 2.10.5.3 Professional Communication
Any information posted on the internet can be traced back to the City. Because of this,
any information posted to web sites on the internet by employees should be done so in a
professional manner. This includes information posted to message boards, news groups or any
- 37 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
sites which allow for user submitted data. Under no circumstances should employees represent
their personal views as those of the City while posting information on the internet.
Section 2.10.5.4 Responsibility for Content
The City has no control over the content that is available on the internet. And, the City is
aware that some users may find some of the content that exists on the internet offensive. The
City is in no way responsible for the material on the internet and, as such, users must use their
own judgment to avoid any content they may find offensive.
Section 2.10.6 Retention of Public Records
Section 2.10.6.1 E-mail Retention
Most messages sent or received by e-mail may be considered part of the public record
and, as such, need to be retained, in accordance with the Illinois Local Records Act (50 ILCS
205). In general, if an e-mail message is used as the medium to discuss official City business,
that e-mail will need to be saved as it pertains to the City's retentions schedule, which are on file
in the Clerk's Office. Failure to comply with the City’s record retention schedule may result in
discipline, up to and including termination.
Section 2.10.6.2 Electronic Document Retention
In addition to e-mails, it is important to retain electronic documents which are also
considered part of public record. Electronic documents may be the subject of a FOIA request or
litigation discovery. An electronic document should be treated just as a paper document, and
should not be destroyed except when specifically allowed. For reference, see the City's retention
schedules, which are on file in the Clerk's Office. Failure to comply with the City’s record
retention schedule may result in discipline, up to and including termination.
Section 2.11 Emergency Contact Information
Employees must notify Human Resources of the name and telephone number of someone to
contact in an emergency. This information will be collected upon hire. Human Resources will update
the master list annually. Each supervisor will receive a copy for his/her division. Employees who need to
be available for emergencies must notify his/her immediate supervisor as to where he/she can be
reached. Any new emergency contact information received by a supervisor from a subordinate shall be
forwarded to Human Resources.
Section 2.12 Outside Employment
Employees may engage in outside work or hold other jobs, subject to certain restrictions.
Section 2.12.1 Restrictions
- 38 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Employees’ activities and conduct away from the job must not compete or conflict with or
compromise the City’s interest, or adversely affect job performance and the ability to fulfill all
responsibilities to the City. This requirement, for example, prohibits the unauthorized use of any City
tools or equipment. In addition, employees are not to solicit or conduct any outside business during paid
working time.
Section 2.12.2 Approval for Outside Employment
Full-time Employees must request prior approval from the Department Head before any outside
employment or other work activity is undertaken. Failure to do so may be cause for disciplinary action.
(See “Request for Authorization of Outside Employment” form in Appendix E.) Human Resources will
update the master list bi-annually.
1.Employees are cautioned to consider carefully the demands that additional work activity will
create before requesting approval to seek or accept outside employment. Outside
employment will not be considered an excuse for poor job performance, absenteeism,
tardiness, leaving early, refusal to travel, or refusal to work emergency callbacks, overtime,
or different hours. If outside work activity does cause or contribute to job-related problems,
the City may rescind its approval of such employment and, if necessary, normal disciplinary
procedures will be followed to deal with the specific problems.
2.Employees must seek approval to accept outside employment, including self-employment.
This request should be submitted to the employee’s Department Head. The Department Head
should then forward the request, once approved or disapproved, to the Human Resources
Division.
Part-time employees are required to provide information about other employment for the United
City of Yorkville to be aware of additional employers. This information allows for legal compliance in
the event of a work-related injury.
Section 2.12.3 Considerations for Disapproval
Department Heads will be particularly concerned about outside work requests and may
disapprove those requests that:
1. May reduce the employee’s efficiency in working for the City.
2. May adversely affect the City’s image.
3. May appear to be, or actually be, a conflict of interest.
Section 2.13 City Identification Cards
All full-time employees, and part-time employees at the discretion of the Department Head, shall
be provided with a suitable identification card, which shall display a photograph, and other appropriate
information that will clearly identify the person as an employee of the City. These cards may not be used
as a means of securing credit, avoiding illegal acts, or other special considerations.
- 39 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Employees, excluding sworn police officers, who must enter a person’s home or other private
property on official business, must display their City identification card when requesting entry.
Identification cards must be returned to the Human Resources Department prior to termination.
Upon retirement from the City sworn police personnel may be issued a City identification card
identifying him or her as a retired police officer by submitting a request in writing to the Chief of Police.
Section 2.14 Tardiness and Absenteeism
An employee who will be tardy to work must notify his/her supervisor at least a 1/2 hour before
his/her normal start time, or as soon as practicable. Failure to give such notice of tardiness or
absenteeism shall constitute grounds for disciplinary action.
Section 2.14.1 Habitual Tardiness/Lateness
An employee who is late more than twice in a one-month period measured backwards from the
last tardiness, or if an employee is habitually late on a continuous basis, (i.e. an employee is late three
(3) times per week), shall be subject to discipline up to and including termination.
Section 2.14.2 Failure to Report to Work
An employee who is absent for two (2) or more work days without notifying his/her supervisor
and securing approval for the absence as soon as possible before the end of the second day of such
absence is considered to have abandoned his/her job and will be terminated.
Section 2.14.3 Excusable Absences
Only absences due to illness or other emergency situations will be excused. Unexcused absences
shall be grounds for discipline up to and including termination.
Section 2.15 Disciplinary Action
It shall be the policy of the City to administer discipline fairly, reasonably, and impartially.
Employees and the City are best served when discipline is administered to correct actions rather than to
punish.
Disciplinary action is not primarily intended to be punitive, but rather to maintain the efficiency
and integrity of City service. The nature and severity of the offense and the employee's prior record shall
be considered.
All disciplinary actions involving suspensions with or without pay or termination require
concurrence of the Human Resources Manager.
Section 2.15.1 Cause for Disciplinary Action
- 40 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
The tenure of City employees shall be based on reasonable standards of job performance and
personal and professional conduct. Failure or refusal to meet these standards shall constitute just cause
for disciplinary action including oral or written reprimand, suspensions, demotions, and termination.
In any major disciplinary action, the pertinent information shall be reviewed with the employee
specifying the following:
1. The cause for discipline.
2. The specific reasons supporting the cause.
3. The discipline to be imposed.
4. The effective date of the discipline.
5. The right of the employee to be heard.
Employees may be disciplined for areas detailed in the Policy on Standards of Conduct.
Section 2.15.2 Investigation
It is the responsibility of each supervisor and Department Head to thoroughly evaluate the
circumstances and facts as objectively as possible.
Section 2.15.3 Pre-Disciplinary Conference
The Human Resources Manager or his/her designee shall provide and arrange for a pre-
disciplinary conference prior to the written reprimand, suspension, or termination of any employee. The
hearing may be comprised of the Department Head, supervisors and the Human Resources Manager or
designee.
Section 2.15.3.1 Proceedings of the Pre-Disciplinary Conference
An employee shall be provided, in writing, with a notice of the charge and an explanation
of the circumstances. The employee shall be given an opportunity to respond to the charges.
The employee may have legal counsel or union representation present at a pre-
disciplinary conference.
The department's explanation of the circumstances at the pre-disciplinary conference
shall be sufficient to apprise the employee of the basis for the disciplinary action.
The employee will be notified within five (5) working days after the conference is
concluded of the decision made.
Section 2.15.4 Types of Disciplinary Action
Section 2.15.4.1 Oral Warning
This type of discipline should be applied to infractions of a relatively minor degree or in
situations where the employee's performance needs to be discussed. The oral warning should be
- 41 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
given in private. Supervisors should inform the employee that he/she is issuing an oral warning,
that the employee is being given an opportunity to correct the condition, and if the condition is
not corrected, the person will be subject to more severe disciplinary action. Oral warnings must
be issued within ten (10) working days after knowledge of the occurrence of the violation
claimed by the supervisor.
A notation that an oral warning was given should be made in the employee's performance
documentation.
Section 2.15.4.2 Written Reprimand
This notice will be issued in the event the employee continues to disregard an oral
warning, or if the infraction is severe enough to warrant a written reprimand in the employee's
personnel file. Written reprimand notices must be issued within ten (10) working days after the
occurrence of the pre-disciplinary hearing.
The reprimand shall state the nature of the infraction in detail and what corrective action
must be taken by the employee to avoid further discipline.
A copy of the written reprimand is to be given to the employee. The employee shall sign
the written reprimand to acknowledge receipt. A copy, signed by the employee, will be placed in
the employee's personnel file. If the employee refuses to sign the acknowledgment, the
supervisor, manager, or Department Head and one other witness shall note on the reprimand that
the employee received a copy thereof and refused to sign it.
Written reprimands shall be issued by a Department Head or his/her designee and the
Human Resources Manager.
Section 2.15.4.3 Suspension Without Pay
This form of discipline is administered as a result of a severe infraction of policies or for
repeated violations. For minor infractions, a suspension is often given after the employee has
received a written warning.
An employee will be suspended without pay when the offense is of a serious enough
nature usually sufficient for termination but when circumstances related to an employee's overall
performance would not warrant immediate termination. The length of suspensions should not
normally exceed thirty (30) workdays.
A copy of the suspension notice is to be given to the employee. The employee shall sign
the suspension notice to acknowledge receipt. A copy signed by the employee shall be placed in
the employee’s personnel file. If the employee refuses to sign the acknowledgment, then the
Department Head or his/her designee and one other witness shall note on the suspension notice
that the employee received a copy thereof and refused to sign it.
- 42 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Suspensions without pay shall be issued by the Department Head or his/her designee and
the Human Resources Manager.
Section 2.15.4.4 Emergency Suspension With Pay
Emergency suspensions may be used in cases where it is in the best interest of the City to
immediately remove the employee from the work place, or additional time is necessary to
investigate a situation to determine what further disciplinary action may be justified.
Department Heads or their designees, with the input of the Human Resources Manager,
are empowered to issue an emergency suspension.
This suspension gives the Department Head, supervisor or designee the opportunity to
discuss the problem with his/her supervisor to determine an appropriate course of action when
the situation is serious enough for the employee to be removed from the work environment.
The maximum length of an emergency suspension with pay is five (5) days unless
circumstances warrant a longer time.
Section 2.15.4.5 Suspension with Pay
At the discretion of a Department Head or his/her designee, and with the input of the
Human Resources Manager, an employee of the City may be suspended with pay and benefits
pending investigation of allegations of misconduct, when the nature of the allegation
compromises the ability of the employee to perform his/her duties, and when a substantial period
of time will be required to complete an investigation or legal action. Such suspension is not a
disciplinary action and may not be appealed. If the charges are substantiated, disciplinary action
will be taken in accordance with the nature of the offense, and may include recovery of salary
and benefits paid during the suspension. If the charges are unfounded, the employee will be
restored to duty and a letter of exoneration will be placed in the employee's official personnel
file.
Section 2.15.4.6 Termination
Immediate removal of an employee from the job pending review for termination may be
warranted in instances involving serious insubordination, theft, serious illegal or destructive acts
while on the job, or other substantial reasons deemed appropriate by the Department Head and
with the input of the Human Resources Manager. An employee may also be terminated after
repeated offenses of a less serious nature if the offenses have been documented by the supervisor
and appropriate behavioral changes have not resulted from previous progressive disciplinary
action.
The employee shall receive his/her final check on the first payroll date following his
termination
.
Section 2.15.5 Probationary Employees – Termination
- 43 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Probationary employees may be terminated at any time without cause and without the right of
appeal. Dismissals of probationary employees also require the concurrence of the Human Resources
Manager.
Section 2.15.6 Filing Disciplinary Actions in Personnel File
The original copy of any disciplinary action is to be signed by the employee and placed in the
employee's personnel file with a copy given to the employee.
Section 2.16 Grievances
The most effective accomplishment of the work of the City requires prompt consideration and equitable
adjustment of employee misunderstandings and grievances. The procedure is open to any employee who
believes that the treatment he/she receives on the job is inequitable or unfair, or for any other reason
needs correction. This applies to all phases of an employee’s relations with the City including job
operations, discipline, conduct of fellow workers, and supervision.
It is the desire of the City to adjust misunderstandings and grievances informally, and both supervisors
and employees should make every effort to resolve problems as they arise. Lacking an opportunity to
discuss and adjust grievances leads to employee dissatisfaction. This in turn may be reflected in job
performance and adversely affect the high standards of service our city strives to provide. Therefore,
good employee relations are good business.
Employees who desire to pursue a grievance must file a written grievance form within the time period
provided below. Employees may obtain a grievance form from their Department Head or Human
Resources. Department Heads should respond to all grievances filed by employees.
Section 2.16.1 Procedure for Filing a Grievance
Step 1: An employee who has a question or dispute shall first discuss it with his or her immediate
supervisor within two (2) working days of the incident. Unless the grievance is presented
within this time frame, it shall be deemed not to exist. The supervisor shall make a
careful inquiry into the facts and circumstances of the complaint in an attempt to resolve
it promptly and fairly and give his/her answer to the employee within three (3) working
days of the discussion. The supervisor shall advise Human Resources and the Department
Head in brief, written form as to the question and departmental response. If the supervisor
does not reply within this time frame, or if the employee is dissatisfied with the response
of the supervisor, the employee may initiate Step 2 of the procedure.
Step 2: The question or dispute shall be put into writing and submitted to the Department Head
within five (5) working days of the supervisor’s decision in Step 1. The Department Head
shall make a separate investigation, including discussion with both the employee and
supervisor. The Department Head will respond to the employee in writing within five (5)
working days of the receipt of the employee’s grievance. A copy of the written dispute
and the response will also be forwarded to Human Resources. If the Department Director
- 44 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
does not respond within five (5) working days, the employee shall consider the answer to
be “grievance denied.” The employee may initiate Step 3 at that time.
Step 3: If the employee is dissatisfied with the Department Director’s decision, he/she may
submit a written request for a final determination by the City Administrator or his staff
designee within five (5) working days of the receipt of the Department Head’s response.
The City Administrator shall review the matter in detail and give a binding written
response based on the policies and procedures of the City within ten (10) working days of
the receipt of the employee’s grievance.
Section 2.17 Safety and Health
Employees are expected to exercise caution and observe all established safety rules and
regulations applicable to their position and in the operation of tools, equipment and motor vehicles in
connection with City business.
Section 2.17.1 Supervisor Responsibilities
1. Promote a safe environment by providing training for safe work procedures, setting a
personal example and fostering employee participation and input.
2. Ensure employee compliance with all safety rules and standards.
3. Provide all necessary safety equipment and ensure their proper use by employees.
4. Conduct frequent and thorough safety inspections of his or her area of authority.
5. Correct all hazardous conditions as quickly as possible and communicate these
conditions to all affected employees.
6. Seek immediate and proper treatment for all employees when injuries occur.
7. Ensure accidents are reported and investigated in a proper and timely manner.
Section 2.17.2 Employee Responsibilities
1. Comply with all safety rules and standards.
2. Perform in a reasonable and safe manner to assure maximum safety to themselves,
their coworkers and the public.
3. Notify the supervisor of all unsafe conditions and assist them with the correction of the
condition.
4. Report all accidents immediately to the supervisor and seek medical treatment, if
necessary.
Section 2.17.3 Personal Protective Equipment
The City provides all non-clerical and non-administrative personnel with appropriate personal
protective gear, such as: rain gear, hard hats, liners, safety glasses and gloves. Each department will be
responsible for all such supplies.
Supervisors are responsible for ensuring proper personal protective equipment is worn by
employees. Employees must wear all appropriate personal protective equipment when engaged in a
- 45 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
work activity designated as hazardous. Employees in specified positions who wear glasses must wear
approved safety glasses. Negligence in use of personal protective equipment could be cause for
disciplinary action, and could also cause serious injury. The Department Head maintains a list of
positions requiring safety glasses.
Section 2.17.3.1 Hard Hats
It is the policy of the City to require employees to wear hard hats at all times when in the
field around construction and maintenance projects. As a minimum, however, hard hats shall be
worn as follows:
1.When working below ground level, such as in lift stations, ditches, etc.
2.When conditions warrant and/or when ordered to do so by a supervisor.
3.When working in a traveled right-of-way.
4.When inspecting construction sites.
Section 2.17.3.2 Safety Shoes
Safety shoes shall be worn whenever there is an opportunity for something to fall on an
employee’s foot. This includes all Public Works foremen, superintendents, and Local 150
employees. OSHA defines the criterion for safety footwear.
Section 2.17.3.3 Safety Harness
A safety harness shall be used when an employee enters a large clean-out, storm
manhole, sewer manhole, wet well, catch basin or large pipe.
Section 2.17.3.4 Safety Vest
A high-visibility safety vest shall be worn when an employee is in a flagging position
and/or when working in a traveled right-of-way, in accordance with the provisions set forth in
the U.S. Department of Transportation Federal Highway Administration’s Manual on Uniform
Traffic Control Devices (MUTCD).
Section 2.17.3.5 Safety Glasses
Safety glasses shall be worn when there is exposure to eye hazards caused by flying
particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors,
electrical hazards, sharp or falling objects, or potentially injurious light radiation.
Section 2.17.3.6 Non-Compliance with Safety Requirements
Failure to comply with mandatory requirements for wearing safety apparel and/or using
safety equipment will result in disciplinary action, including termination for repetitive or gross
violations.
- 46 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.17.4 Worker’s Compensation
All employees are covered by the Worker’s Compensation and Occupational Disease Act, a
program of industrial insurance to protect workers, their families, and dependents from loss due to an
industrial accident or illness. The program provides for payment of medical bills, physical and
vocational rehabilitation, and financial compensation while the worker is disabled – either temporarily
or permanently – and unable to work.
Section 2.17.4.1 Employee Injury/Accident Reporting Requirements
Any employee suffering an injury or accident during the course of his/her employment is
responsible for the following:
1.Report the accident and/or injury to his/her supervisor immediately. This should happen
even if the injury does not warrant medical treatment. This is important because as soon
as the supervisor becomes aware of the situation, the employee can receive treatment, if
needed. If an accident is not reported and an injury develops at a later date, an extensive
investigation may be required in order to determine compensability. Employees may be
subject to discipline if injuries are not reported immediately.
2.Go to the Occupational/Health Clinic to receive treatment, if necessary. If the injury
occurs outside the hours of 7:30 a.m. – 8:30 p.m., the employee may go to Rush Copley
Emergency Room.
3.Adhere to drug and alcohol testing.
4.Tell Human Resources if he/she chooses to go to a doctor of his/her choice.
”
5.Complete the “Worker’s Compensation Employee Injury - Employee’s Report(see
Appendix E) within twenty-four (24) hours of the accident and forward it to the
supervisor.
6.Update Human Resources personallyafter each doctor’s visit. The employee must
personally report to Human Resources to update them and also to give them any
paperwork from the doctor. Human Resources will, in turn, notify the supervisor.
7.Instruct doctors, hospitals, physical therapists etc. to send the bills to Human Resources at
the City, not the employee.
8.Do notgive the supervisor any doctor notes or bills. These must be given directly to
Human Resources. If the injury or appointment occurs after 4:30 p.m. and before 8:00
a.m., the employee must see Human Resources the following day.
9.Schedule all medical appointments and physical therapy at the earliest or latest time
possible in the day so as to minimize disruption of work. If unable to schedule the
appointments at an early or late hour, the employee is required to return to work after the
- 47 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
appointment unless directed otherwise by the doctor. If directed otherwise by the doctor,
the employee must have a doctor’s note and personally give the note to Human
Resources.
10.Keep all doctor and physical therapy appointments. If unable to do so, the employee is
responsible for canceling and rescheduling the appointment and notifying Human
Resources and his/her supervisor of the change.
11.Cooperate with the attending physician and with Human Resources and follow all
requirements.
Section 2.17.4.2 Supervisor Reporting Requirements
1.Convey the pertinent information to Human Resources immediately, especially if the
employee needs medical treatment. A message may be left on voice mail if the accident
occurs after hours.
2.Insist upon medical treatment, if warranted. All employees should be sent to the
Occupational/Health Clinic. The supervisor may send the employee to the clinic even if
he/she is not sure the employee is hurt.
3.Drive the employee to the clinic if the employee is unable to do so.
4.Complete the “Workers Compensation Employee Injury – Supervisor’s Report” (see
Appendix F) within twenty-four (24) hours of the accident and forward it to Human
Resources along with the Illinois Form 45: First Report of Injury. Notify Human
Resources if this process will take longer than 24 hours.
5.Investigate the accident regardless of treatment being given.
6.Ensure the employee complies with this policy. If the employee attempts to give you the
doctor’s note, do not accept it, but instead send him/her to Human Resources.
7.Send any original timesheets directly to Human Resources if the employee has time
charged to worker’s compensation. Human Resources will be responsible for submitting
the timesheet to Finance.
Section 2.17.4.3 Human Resources Reporting Requirements
1. Complete and coordinate all appropriate paperwork to be submitted to the City’s
worker’s compensation administrator.
2. Notify the employee if the accident is compensable under worker’s compensation.
3. Keep the supervisor informed of the status of the employee.
4. Discuss with the supervisor whether transitional duty is available for employees with
restrictions, and what work the employee can or cannot perform.
5. Monitor the progress of the injured employee.
6. Be proactive so the employee can return to work with no restrictions as soon as possible.
Section 2.17.5 Work Related Injury Compliance
In the event of a work-related injury, employees should adhere to the rules listed below. Non-
compliance with this procedure may affect worker’s compensation benefit.
- 48 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.17.5.1 Appointments and Follow Up
Employees must let Human Resources know when they have a doctor’s or physical
therapy appointment scheduled. Immediately following each doctor’s visit or physical therapy
appointment, they must personally update Human Resources and bring in the paperwork.
Section 2.17.5.2 Transitional Duty
If an employee has been released to work with restrictions, he/she must be available for
transitional duty as ordered by a supervisor or the Human Resources Division when work
becomes available, even for periodic limited duty projects. Human Resources will attempt to
provide employees with one (1) business day advance notice. If an employee is called in to work
and is unavailable to work for any reason other than a doctor’s appointment, he/she will be
charged vacation time for those hours. In addition, when taking a vacation, employees must let
Human Resources know. Employees will then be charged vacation time.
Section 2.17.5.3 Case Management
The Worker’s Compensation Administrator may assign a case manager. A case manager
is a registered nurse who acts as a liaison between the employee and the Human Resources
Manager. The case manager may accompany the employee to all doctor’s appointments. This
will allow for a more expedient and safe return to work.
Section 2.17.5.4 Paycheck and Benefits
The Human Resources Division will process worker’s compensation checks during the
regular payroll schedule. Union employees must also pay union dues, unless a withdrawal card
has been submitted to Human Resources.
If the employee accepts worker’s compensation benefits, they will receive 2/3 pay as
outlined within the Worker’s Compensation and Occupational Disease Act. The employee has
the option to supplement the worker’s compensation pay with accrued time off.
Section 2.17.5.5 Accrual of Time
Employees will accrue vacation or sick time while they are not working. After an
employee returns to his/her regular position on a full-time basis, Human Resources will reinstate
up to eight (8) pay periods of vacation time.
Section 2.17.5.6 Medical Bills
Employee should instruct the doctor(s) to mail all bills to Human Resources. If any
employee receives any medical bills at home, he/she should bring them to Human Resources
right away so that they will be paid.
Section 2.17.5.7 Released to Work
- 49 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Once an employee has been released to return to his/her regular position, Human
Resources may request an additional doctor’s appointment or functional capacity evaluation.
Section 2.17.6 Transitional Duty
Transitional duty will be available to any employee who has restrictions due to work-related or
non-work-related injury or illness, provided there is appropriate work available. This temporary job
placement must meet the physical restrictions that the physician has assigned to the injured employee.
Section 2.17.6.1 Physician Certification
If an employee becomes injured and receives doctor’s treatment (either at the
Occupational/Health Clinic or from his own physician), he/she may be eligible for transitional
duty. To be considered for transitional duty, the employee must present a note from the
Occupational/Health Clinic or his/her physician. The physician should review the employee’s job
description prior to writing this note. The note should state:
1. Length of time that the employee is to remain on restricted duty.
2. Exact nature of the work that the employee can and cannot perform. This should
include specific duties and weight limitations, if applicable.
3. Date of the next scheduled re-examination to determine any change in the employee’s
physical status.
The above-mentioned information must be provided in writing after each examination.
Upon return from an examination, the employee must submit the physician’s note to
Human Resources. The doctor’s office may also call in or fax the restrictions. The Human
Resources Division, in conjunction with the supervisor, will determine if transitional duty is
available. If it is determined that transitional duty is not available in his/her department, HR will
notify all City departments to see if anyone may be able to accommodate the employee’s
restrictions. If it is determined that transitional duty is not available, the employee will not be
allowed to work. If transitional duty is available, or becomes available at a later time due to
changes in tasks, personnel, or the employee’s restrictions, the employee with a work-related
injury/illness will be required to report to work at a date and time determined by the City. If
transitional duty is available, the employee with a non-work-related injury/illness will have the
option to report to work or continue to be off work and use benefit time.
Section 2.17.6.2 Transitional Duty Time Limitations/Restrictions
Transitional duty shall be determined on a case-by-case basis and depends on the
employee’s restrictions and work availability. Transitional duty is not guaranteed. Normally, it
will not last for more than thirty (30) calendar days from the initial date of release for transitional
duty unless there has been an improvement in the employee’s condition. If there is an
improvement in the employee’s condition during the first thirty (30) calendar days of transitional
duty, the employee may receive up to an additional (30) days of transitional duty from the date of
- 50 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
the improvement. It shall only be allowed if it does not exacerbate the employee’s injury. While
on transitional duty, employees will not be allowed to work overtime unless it is an emergency
situation.
The duties given shall be legitimate and productive work, and not “manufactured” or
“busy” work and may be tasks the employee has never performed before. Employees may be
offered transitional duty work intermittently or as needed by the City.
Section 2.17.7 Accommodation Hearing
In the event an employee has been given permanent restrictions due to either a work-related or
non-work-related injury, an accommodation hearing will be held to determine if the City can
accommodate the restriction(s). The meeting will consist of the employee, the employee’s supervisor
and Department Head, and Human Resources.
During the meeting, the job description will be reviewed and the employee will have an
opportunity to request any specific changes to be made in order to accommodate him/her, such as
purchasing a piece of equipment.
Due to fiscal and/or personnel concerns, accommodations may be granted in whole, partially or
not at all based on the reasonableness of the accommodation. Human Resources will inform the
employee in writing of the City’s decision.
Section 2.17.8 Use of City-Owned Motor Vehicles
The City may provide vehicles for business use, to allow employees to drive on city business,
and to reimburse employees for business use of personal vehicles according to the guidelines.
An employee who holds a valid driver’s license, when authorized by a Department Head, may
operate a city vehicle. At the start of the annual fiscal year, employees will be subjected to an audit of
their driver’s license status via the Secretary of State. Any employee whose driver’s license is revoked
or suspended while employed with the City is required to notify their department head within 24 hours
of the incident. Those individuals whose job description includes a valid driver’s license requirement
and fail to meet that requirement may be relieved of their duties without pay at the discretion of the City
Administrator.
Section 2.17.8.1 Vehicle Guidelines
If it is more efficient in terms of productive use of time to have authorized rest periods
taken in the field or the job site, it is permissible to use city vehicles to pick-up meals for
employees.
If an employee is working in an area away from his or her base location, and it is more
convenient and less time consuming to eat lunch in that area, the employee may take the city
vehicle to a nearby restaurant (or to his or her home if it is in the area) rather than returning to
the base location, subject to supervisor approval.
- 51 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
A city vehicle also may be used for attending professional or governmental association
meetings and luncheon meetings, which directly benefit the United City of Yorkville.
Section 2.17.8.2 Take Home Vehicles
A vehicle may be taken home at night providing one of the following criteria are met and
it is approved by the Department Head:
1. The nature of duties is such that the employee is subject to be routinely called out on
an emergency or other extra duty outside normal working hours.
2. If it is necessary for the employee to have a car to protect the safety, health, or
welfare of the citizens of Yorkville.
3. When the employee is required to attend an official meeting or conference on the
City’s behalf.
The following regulations relate to take home vehicles:
1. When permission is granted for a city vehicle to be driven home, the vehicle shall be
stored off the street.
2. Each employee authorized to drive a city vehicle home shall make the vehicle
available for emergency use whenever he or she is out of the City or unavailable for
service for other reasons.
3. Personal use of city vehicles is subject to withholding tax, as required by IRS
regulations.
4. Permission may not be granted for a city vehicle to be driven home more than 10
miles from City limits.
Section 2.17.8.3 Regulations Relating to Vehicle Use
1. Each city vehicle shall be assigned to a specific individual, whenever possible, for
purposes of responsibility, and for assurance of proper maintenance. All vehicles so
assigned will be for the sole purpose of allowing city personnel to carry out their job
responsibilities during normal working hours.
2. Operators of city vehicles shall conduct a routine inspection of the vehicle to include
but not to be limited to the following: headlights and tail lights, seat belts, horn,
windshield wipers, tire, brakes, turn signals, and a weekly inspection of oil, battery,
water, and appearance.
3. Vehicles should be kept neat inside and outside, and every precaution must be taken
to prevent debris from being blown or falling off trucks or from being discarded by
vehicle occupants. Vehicle windows shall be closed and doors locked when not in
use.
4. All city vehicles should be driven in a safe, courteous manner. Violations of traffic
laws by a city employee while driving on city business are subject to review by the
proper authorities for disciplinary action in addition to normal law enforcement
procedures. The driver of a city vehicle is responsible at all times for not only the safe
- 52 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
operation of the vehicle, but for the safe and lawful condition of the vehicle itself. All
persons shall use the safety belt restraining system while operating or riding as a
passenger in the vehicle while the vehicle is in motion. Faulty operation of a vehicle
shall be immediately reported to the fleet foreman who shall issue a work order for
repair.
5. City employees may not operate any vehicle for which they do not have a valid
Illinois license for the intended use and type of vehicle being driven. It is the
responsibility of the employee to procure the proper license.
6. City employees who are authorized to take city vehicles home at night may transport
other city employees so long as a reasonably direct route between the work station
and residence of the employee authorized to drive the city vehicle is maintained.
7. Employees shall not allow members of their family or their friends to drive city
vehicles.
8. Abuse of vehicle privileges may result in disciplinary action up to and including
termination.
Section 2.17.8.4 Reimbursement for Personally-Owned Vehicle Use
Employees approved by their department to operate a personally owned vehicle (POV)
will receive the IRS per-mile standard.
Section 2.17.9 Collision Investigation Involving City Employees
If, while operating a city vehicle or a privately owned vehicle in the performance of official
duties, an employee is involved in an accident resulting in personal injury or property damage, the
operator shall cause the following reporting and investigative procedures to occur.
Section 2.17.9.1 Vehicle Accident Reporting Requirements – Employee
1. Contact 911, a police report is required to send to insurance.
2. Report the accident and/or injury to his/her supervisor immediately. This should
happen even if the vehicle does not need immediate repair.
3. Complete the “Vehicle Accident Report” (Appendix G) and immediately return it to
the supervisor.
Section 2.17.9.2 Vehicle Accident Reporting Requirements – Supervisor
1.Convey the pertinent information to the Finance Department immediately, especially
if the vehicle has substantial damage or the party has incurred injury.
2.Approve and sign the “Vehicle Accident Report” (Appendix G) that the driver
completes. Complete the “Supervisor’s Vehicle Accident Investigation Report”
(Appendix H and forward both reports with the police report to the Finance
Department within 24 hours of the accident. Notify the Finance Department if more
time is required.
- 53 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.17.9.3 Investigation Procedure
1.Request that all parties and properties concerned remain at the scene of the accident,
if possible, until a law enforcement representative has released them.
2.All collisions involving city vehicles or persons on duty and actively engaged in city
business will be investigated by a police agency.
3.If occurring outside the United City of Yorkville, the collision will be investigated by
the police agency having jurisdiction.
4.If occurring within the United City of Yorkville and involving property damage or a
minor (non-hospitalizing) injury, the collision will be investigated by the United City
of Yorkville Police Department.
5.If occurring within the City and the collision results in a fatality or injury requiring
immediate hospitalization of any party, the accident will be investigated by an outside
authority. Selection of an outside authority will be handled by the United City of
Yorkville Police Department at the scene.
Section 2.17.9.4 Employee Statements
Employee/operators shall refrain from making statements regarding the accident with
anyone other than the investigating law enforcement representative, appropriate City officials,
and representatives of his or her own insurance company, if the employee's privately owned
vehicle is involved. Statements made to investigating authorities should be confined to factual
observations.
Section 2.17.10 Emergency Conditions
City offices and activities shall remain open and in operation during established working hours.
All employees should make every attempt to report for work on a timely basis.
If employees are unable to report to work, the following criteria shall apply:
1.The employee is responsible for contacting his/her supervisor or Department Head by
telephone to indicate anticipated absence from work or late arrival to work and the reason.
2.If an employee is unable to report to work, the absence may be charged as vacation or
personal leave.
Section 2.17.10.1 Closing City Offices
The City Administrator shall be authorized to close city offices to protect the safety and
welfare of city employees. In this event, employees may use vacation or personal leave to
compensate for hours not worked. It shall be at the City Administrator’s discretion whether
specific employees will be allowed to work from home or another location.
- 54 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 2.18 Workplace Inspections
The City wishes to maintain a work environment that is free of illegal drugs, alcohol,
unauthorized firearms, explosives, or other improper materials. To this end, the City prohibits the
possession, sale, transfer or use of such materials on its premises or in City vehicles. The City requires
the cooperation of all employees in administering this policy.
Section 2.18.1 Administrative Inspections
Desks, lockers and other storage devices may be provided for the employees’ convenience, but
remain the sole property of the City. The City also reserves the right to conduct searches and
inspections of City-provided vehicles, equipment, materials, such as boxes, thermoses, briefcases, desks,
computer files, computers, computer disk, cabinets, file drawers, desk, lockers, or packages without
notice. Anyone who refuses to allow a search of the City-provided property listed above or who is
found in possession of prohibited articles will be subject to disciplinary action, up to and including
dismissal. Accordingly, the City Administrator or Chief of Police or their designee may conduct the
inspection with or without prior notice. All administrative/operational inspections shall be conducted
through the authority of the City Administrator or Chief of Police.The City is not responsible for loss of
or damage to personal property on the job.
Section 2.18.2 Criminal Inspections/Searches
When a supervisor or an employee has reasonable suspicion that a criminal act or threat of
violence has or will occur he or she shall contact the local police department immediately. The local
police will determine if an inspection is warranted and conduct such inspection. Only law enforcement
personnel shall conduct such inspection. Any abuse of this provision within the employee manual by
any employee shall be subject to disciplinary action up to termination.
Section 2.19 Nepotism
Section 2.19.1 Prohibition on Employing the Spouse/Relatives of Department Heads/Elected
Officials/Paid Appointed Officers (Anti-Nepotism)
a.It shall be the policy of the City that it shall not employ the spouse or a relative of the
following Department Heads, Elected Officials, or Paid Appointed Officers: Mayor,
Aldermen, Clerk, Treasurer, City Administrator, Chief of Police, Director of Parks and
Recreation, Director of Finance, City Engineer, Director of Public Works, Community
Development Director, Building and Zoning Officer, and City Attorney. For this purpose, a
relative is deemed to mean a spouse, parents, grandparents, children or grandchildren,
siblings, aunts, uncles, in-laws, and step relatives within the same categories.
b.This policy restricting employment of certain spouses and relatives shall not apply to any
prohibited relationships existing on the date of passage of this provision.
Section 2.19.2 Spouse/Relatives of Department Heads/Elected Officials
- 55 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
a.The employment of a spouse or a relative of any Department Head or elected official may be
subject to a confidentiality disclosure agreement or conflict of interest agreement as deemed
necessary by the City Attorney. For this purpose, a relative is deemed to mean a spouse,
parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step
relatives within these categories.
b. This policy is intended to comply with the requirements of all applicable federal, state, and
local laws. The City Administrator is responsible for the coordination, administration and
implementation of the provisions of this policy as approved by the City Council.
Section 2.19.3 Relatives of All Employees
a. The purpose of this policy is to establish consistent guidelines concerning the employment of
relatives of employees of the City. Relative is deemed to mean a spouse, parents,
grandparents, children or grandchildren, siblings, aunts and uncles, in-laws and step-
relatives, within these categories. It is the policy of the City to provide all employees with
equal employment opportunities for career advancement without fear of favoritism or
penalty, actual or implied, based on family relations.
b. The employment of a relative of any full-time City employee, in a full or part-time position,
is prohibited if such employment shall cause the new employee to come under direct
supervision of or provide direct supervision to the related full-time employee.
c. Full-time City employees will not be considered for promotion or transfer if such change
shall cause the employee to come under, or to provide direct supervision to a related City
employee.
d. If employees in a supervisory relationship become related after employment, every effort will
be made to transfer one of the employees to a position where no supervisory relationship
exists. If neither employee volunteers to transfer, the City Administrator will arrange an
involuntary transfer at his or her discretion. Transfer decisions may be based on, but are not
limited to, such factors as the grade of each affected employee's position, the availability of
openings for which the affected employees are qualified, and the availability of replacement
candidates for the affected employees' positions.
e. This policy is intended to comply with the requirements of all applicable federal, state and
local laws.
f.The Mayor or his designee is responsible for the coordination, administration and
implementation of the provisions of this policy as approved by the City Council. Prior to the
application of this policy regarding employment or transfer decisions with respect to spouses,
supervisors must contact the Mayor to ensure compliance with applicable federal, state and
local laws.
Section 2.20 Dissemination of Information Policy
Title 1, Chapter 5, Section 5 of the City code outlines the Dissemination of Information Policy:
A.Realizing that it is in the best interest of a municipality to have informed representatives
making decisions based on all available information, and that it is in the best interest of a
municipality to have an informed electorate, the following have been enacted:
- 56 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
1. The aldermen of the United City of Yorkville, together and independently, have the right
to request and receive existing information relating to all areas of city business from any
appropriate city official or appropriate employee. Such information should be received by
the alderman or aldermen making the request within five (5) working days after the
request has been made.
2.Any employee, official or department head who refuses to comply with the request for
information, or willfully obstructs or retards the dissemination of such information, will
be found to be derelict in his or her duties, and may face disciplinary action or
termination.
3.The corporate authorities as a body have the sole right to determine what information will
be made available to the public, based on the Illinois freedom of information act as
interpreted by the attorney general of the state of Illinois.
Section 2.21 Use of Telephones
Section 2.21.1 Personal Use of Telephones
Employees are permitted to use City telephones for personal use on limited basis and for local
calls only. Approval to use City telephones for personal business may be withdrawn by Department
Heads if it becomes excessive or if use causes interference with work duties. Employees may be
required to pay for any non-city business calls they make which are charged to the City. This policy is
subject to change, as the City deems necessary.
Section 2.21.2 Cell Phone Policy
This policy is intended to provide guidelines for the proper use of cellular telephones. Cellular
telephones are provided to employees as business needs indicate. City employees who have been issued
a city cell phone are advised that all calls made to or from the city cell phone can be subject to a
Freedom of Information Act review by the public. There should be no expectation of privacy.
Section 2.21.2.1 Procedure
If a Director determines that an employee needs a cellular telephone or an upgrade to an
existing cellular telephone, a detailed written request must be submitted to the Finance Director
as part of the requisition process. This request must include:
a.The estimate of the annual cost and where the expense is budgeted.
b.The reason for the request, and whether it will enhance emergency response,
employee safety, or work efficiency.
c.The adequacy of the present system of communication, and if a cellular telephone
is the most appropriate and economical choice.
d.How much time the user spends in the field each day.
- 57 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
e.How frequently the cellular telephone will be used.
Section 2.21.2.2 Allotted Minutes
The maximum authorized number of minutes per person is as follows:
Department Heads and Elected Officials 1,000 minutes
Foremen, Managers, Police Personnel & Supervisors 750 minutes
All other employees 400 minutes
This is to be used as a general guide and may change depending upon the City’s vendor and/or
the City’s needs.
Section 2.21.2.3 Eligibility Criteria
Employees eligible for assignment of City-owned cellular telephones are those
designated by the City Administrator and/or the Chief of Police, including (but not limited to):
1.Employees who are frequently in a vehicle, if the individual must conduct City business
by the telephone while in the field, and it can be shown that cost savings and customer
service efficiently will be realized through the use of such devices;
2.Employees who have a critical need to maintain accessibility with other department
directors, City management staff and public officials, in order to insure uninterrupted
customer services and/or the integrity of the City;
3.Public safety positions, as determined by the Chief of Police, as necessary to provide
immediate and direct telephone communications with citizens, outside agencies
cooperating in operations, or other resource entities outside of City government, and to
provide for communications which may be inappropriate for mobile radios;
4.Department Heads and employees who have responsibility for responding to public
safety incidents in the field.
Section 2.21.2.4 Employee Responsibilities
Employees have the responsibility to use all City equipment and contracted equipment
with prudence and reasonable care. While driving a vehicle, employees should make every
effort not to make outgoing calls or answer a phone if it will prohibit them from operating a
vehicle in a safe manner.
Employees will be allowed to review the invoices for the cellular phone assigned to them
and be prepared to verify the calls listed on the invoice. Employees will reimburse the City for
all charges determined to be inappropriate by the Department Head, Finance Director or City
Administrator.
- 58 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Reimbursements shall be made within 30 days of receipt of invoice by the department at
the overage rate of the approved City’s vendor.
Section 2.21.2.5 Department Head Responsibilities
Department Heads will receive a copy of the cellular telephone invoice each month. It is
the department head’s responsibility to review all cellular telephone invoices on a regular basis
to insure that cellular telephones are used appropriately and that the City is reimbursed for calls
that cannot be identified as official use. Any misuse of cellular telephones assigned to their
department should be addressed immediately upon discovery.
An employee who violates the terms of this policy may be subject to disciplinary action
including suspension and/or termination as stated in section 5 of the employee manual.
Section 2.21.2.6 Repairs and Replacements of Equipment
If there is a potential that equipment may be lost or damaged, the employee is responsible
for making reasonable accommodations to protect the equipment. City provided cellular telephone
equipment will be repaired or replaced according to one of the following:
1.Cellular telephone equipment that requires repair or replacement due to normal wear and
tear, damage as a result of City job related duties or responsibilities or a situation outside the
control of the employee will be repaired or replaced at the expense of the City. The
employee must have made a reasonable accommodation to protect this equipment.
2.Cellular equipment that requires repair or replacement due to employee negligence, including
but not limited to: misuse, abuse, carelessness, misplacement, will be repaired or replaced at
the expense of the City, however this will be subject to corrective action as determined by the
department director or designee.
Section 2.21.2.7 Termination
Upon termination, the employee is to return his/her cellular telephone as well as any
accessories to the City. The City issued telephone number is the property of the City and shall
remain under the City’s ownership.
- 59 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
SECTION 3
DIRECT COMPENSATION
Section 3.1 Regular Hours of Work
Section 3.1.1Workday hours and lunch breaks
All non-exempt employees shall be scheduled for an eight and half (8.5) hour workday which
includes an unpaid lunch break, except sworn police officers whose workday will be determined by the
Chief of Police. Lunch breaks for all City administrative offices shall be scheduled not to disrupt City
services. Approved hours of work are as follows, and shall be chosen by the employee with the consent
of the department head:
1.8:00 a.m. to 4:30 pm with ½ hour unpaid lunch break between 10:00 am and 3:00 pm
2.7:30 a.m. to 4:30 with 1 hour unpaid lunch break between 10:00 am and 3:00 pm.
3.Public Works, Parks, Engineering and Recreation field employees shall have approved hours
of work as set by the Department Head and approved by Human Resources.
Requests for hours of work other than those listed above will be at the discretion of the
department head, with the consent of the Human Resources Manager and the City Administrator.
Section 3.1.2 Work Schedule
The work week shall consist of forty (40) hours per week for all City non-exempt full time
employees. The Department Head shall determine the length of the shift and starting time providing
there is no disruption to City services. Furthermore, the Mayor and City Council shall determine the
hours of operations for all City administrative services.
Section 3.2 Shift Changes
All employees shall normally be given fourteen (14) days notice of any changes in regular
working hours, except in cases of emergency, or by mutual consent of employee and Department Head.
Section 3.3 Payroll Administration
All salaried, hourly, and part-time personnel shall be paid biweekly. Up to a one-week delay in
payment may be in effect for regular and overtime hours. Further payroll and reimbursement policy
details are as follows:
a.Paychecks will be issued no later than 12:00 p.m. on payday.
b.All full-time employees with health insurance coverage will have health insurance
employee contributions withheld from each paycheck, in an amount to be determined
annually by a vote of the City Council.
- 60 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
c.All voluntary benefits (i.e. life insurance, 457 deferred compensation, etc.) will be
withheld from the paycheck on a schedule to be determined at time of enrollment.
d.Department Heads or their designee shall distribute payroll checks.
e.Hourly pay is defined as base pay plus all longevity stipends.
Section 3.4 Callback Pay
All full-time, non-exempt employees covered by this Personnel Policy who are called back to
work after having left after a full scheduled work day shall receive a minimum of two (2) hours work at
time and one half pay. A call back is defined as an assignment of work that does not immediately
precede or follow an employee's regularly scheduled work hours. Department Heads do not receive
overtime pay, but may take time earned, when the demands of the position allow them to do so, with the
approval of the City Administrator or Mayor (depending on the direct supervisor of the Department
Head). Employees called in to work on a scheduled floating holiday or vacation day shall receive a
minimum of two (2) hours work at time and one half pay.
Section 3.5 Overtime Scheduling
Time worked in excess of the established regular workweek hours constitutes overtime work.
Before performing any overtime work the employee must receive approval from their supervisor or
Department Head.
Section 3.6 Overtime Pay
Overtime pay shall be considered time worked which is more than a full-time employee’s
normally scheduled workday or forty (40) hours per week. Overtime pay shall be paid at the rate of one
and one-half times the hourly rate, determined by dividing the annual salary by 2,080 hours.
All full time, non-exempt employees will be compensated for all hours worked as described
within their job description and duties as authorized, which means no employee shall work as an
independent contractor or receive a stipend for hours worked except as authorized as an appointed
position. Employees shall be duly compensated under the FLSA for hours worked; however employees
may be subject to discipline for performing unauthorized work.
Section 3.7 Compensation Time
The City encourages the use of compensatory time, provided the net result is a saving of wage
expenditures.Compensation time for non-exempt employees is earned at the rate of 1.5 hours for each
hour of overtime worked.
All non-exempt, full-time employees (at their discretion and with their Department Head's
approval), shall be allowed to take compensation time. This is in lieu of any overtime hours worked for
which an employee waives overtime pay. An employee is allowed to use compensation time by the hour
and/or day provided compensation time is earned and overtime is waived before requesting
compensation time, sworn full-time employees may take compensation time, as outlined in their police
collective bargaining agreement
- 61 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
There is a cap of 120 hours of compensatory time that may be accrued for all non-exempt
employees. The City reserves the right to require employees to use compensatory time or to "cash out"
accrued hours except forty (40) hours at any time with a thirty (30) day written notice to their
Department Head. Upon termination of employment, the employee will receive cash compensation for
any accrued comp time remaining.
The City will honor an employee's request to use comp time within a reasonable period of time
following the proper request, so long as the use of the comp time will not "unduly disrupt" the City's
operations.
Section 3.8 Public Works On Call
Employees will be required for “On Call” duties to maintain the city public infrastructure during
all weekends and City holidays. They shall be expected to check pumps and perform other such work as
may be directed from time to time. The employee shall check the status of the wells, pumps, and lift
stations approximately 7: 00 a.m. and wells again at approximately 4:00 p.m. for which they shall
receive a minimum of two hours pay at the overtime rate. Personnel so selected for “On Call” duty shall
be available for emergencies unless other arrangements are made between employees. Any such
arrangements made shall require notification to the Department Head.
Section 3.9 Flex Time
Department Heads may, at their discretion, allow employees to flex their schedule during the
week so long as service levels are not negatively impacted. Any non-exempt employee who flexes their
hours must do so in the same work week; hours cannot be “banked” as straight time for future use. Non-
exempt employees working over 40 hours in one week will be compensated at 1.5 times their regular
hourly rate as stipulated in the Fair Labor Standards Act.
Section 3.10 Longevity Pay
Longevity stipend will be made to all full-time, non bargaining employees based on the below
schedule and continuous years of service. This stipend is added to the annual salary for non-exempt
st
employees and exempt employees will receive the stipend on the 1 pay period of the employee’s
anniversary of date of hire.
After 6 years, but less than 9 years $ 750 per year
After 9 years, but less than 14 years $1000 per year
After 14 years, but less than 20 years $1250 per year
After 20 years, but less than 25 years $1500 per year
After 25 years $2000 per year
Section 3.11 Performance Evaluations and Pay Adjustments
Section 3.11.1 Employee Performance Evaluations
- 62 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
At a minimum, yearly performance reviews shall be made of the employee's work performance
st
by the Department Heads, and reported to Human Resources and their immediate supervisor by April 1
of each year. Employees may be given more frequent evaluations as circumstances warrant. A finding
of satisfactory performance is needed for advancement on the wage scale. Evaluations shall be made on
standardized forms as provided by Human Resources, and shall provide a comprehensive review of the
quality of work performed by the employee. Both Department Head and Employee shall sign
evaluations.
Probationary employees are required to receive performance evaluations at the 90-day mark and
the end of their probationary period.
Section 3.11.2 Pay Adjustments
st
Wages for all City employees shall be reviewed by April 1 of each year. Any adjustments in pay shall
be granted at this time, to be effective with the first payroll of the following fiscal year and subject to the
City budget (May 1). This is not meant to imply that raises shall automatically be granted. Wages and
benefits, directly related to their respective departments, is an addendum to this Personnel Policy. This
addendum may be updated from time to time to reflect City Council approved adjustments.
A new employee hired within six (6) months before a wage increase may not be eligible for such
wage increase until satisfactory completion of the probationary period. After the probationary period,
employee shall be given a review and wage increase calculated in a commensurate and pro-rated format
as the wage increase given most recently to City employees. Said wage increase will not be
retroactively applied from the date of the wage increase, but will be in effect going forward from the end
of the probationary period.
Any employee hired more than six (6) months before a wage increase shall be eligible for the
wage increase, pro-rata.
- 63 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
SECTION 4
EMPLOYMENT BENEFITS
Section 4.1 Vacation Leave
1. Employment anniversary dates shall govern the number of vacation days allowed.
2.Full-time employees are entitled to the following vacation time based on continuous and
completed years of service, depending on status, unless otherwise approved by the Mayor
and City Council.
Non-exempt employees
Years of Service Completed Vacation Time Credited
6 months 40 hours
1 year 40 hours
2, 3, 4 80 hours per year
5, 6, 7, 8, 9 120 hours per year
10, 11, 12, 13, 14 160 hours per year
15+ 200 hours per year
Exempt employees
Years of Service Completed Vacation Time Credited
6 months 40 hours
1 year 80 hours
2, 3, 4 120 hours per year
5, 6, 7, 8, 9 160 hours per year
10+ 200 hours per year
3. Employees who have accumulated eighty (80) or more hours vacation may take up to forty
(40) hours vacation as pay per year, subject to the approval of the Department Head.
Vacation payouts must be requested in writing by the employee to the Department Head for
authorization or denial.
4. Vacations are normally requested in forty (40) hour increments. Smaller increments of
vacation leave may be taken with the approval of the Department Head. All requests must be
submitted at least fourteen (14) days in advance and approved by the Department Head. Any
th
vacation request submitted for the calendar year by February 28 will be approved based on
seniority and scheduling to provide essential services. When the vacation leave request is
approved the employee has reserved his right to his leave; however, all leaves are subject to
review and/or cancellation for major emergencies or extreme circumstances, which may
cause a personnel shortage.
5. Upon the employee’s anniversary date, a maximum of forty (40) hours of unused vacation
time may be carried over into the next year.
- 64 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
6. Upon termination of employment, the employee shall receive prorated accumulated vacation
pay on the basis of 1/12 for each full month worked past the employee's appointment date,
based upon the employee's vacation time determined by length of employment.
Section 4.2 Holiday Leave
Holiday pay shall be paid to all full-time employees. All employees shall receive their normal
rate of pay with the day off. This is not intended to imply they shall receive any additional pay, but only
the pay they would have received had they worked the day as a normal workday. All employees
covered by a collective bargaining agreement will be covered as outlined in the collective bargaining
agreement.
Public Works employees called in to work on a City-recognized holiday shall receive double pay
for the number of hours worked. This means that an Employee shall receive his holiday pay, plus
double time pay for hours worked.
The following twelve (12) holidays shall be observed:
New Years Day Labor Day
Martin Luther King, Jr.’s Birthday Veteran’s Day
President’s Day Thanksgiving Day
Good Friday Day after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Besides the twelve (12) holidays listed, all employees shall receive two (2) floating holidays,
which cannot be accumulated if not taken. Department Head's approval must be obtained before taking
the floating holidays.
Section 4.3 Sick Leave
Section 4.3.1 Purpose, Allowance, and Accumulation
Sick leave is considered a privilege and not a right to be used at the employee’s discretion for
personal business. Sick leave with pay is provided as a benefit in recognition that employees do contract
various illnesses from time to time and that their financial resources may be diminished in such
instances if pay is discontinued, and that it may not be in the best interest or health of the employee or
fellow employees to work while sick. An employee who is unable to work by reason of a non-duty
related illness, injury, or disability as contained herein may take sick leave. Additionally, employees
may take sick leave for doctor, dental and vision appointments, and illness of immediate family member
requiring the presence of the employee as the primary care giver (includes parents, in-laws, children,
spouse, siblings, grandparents and grandchildren or at the Department Head's discretion). Full-time
employees shall accrue eight (8) sick leave hours per month to a maximum accrual of 960 hours.
Whenever possible, medical appointments should be scheduled in a timely manner in order to minimize
the employee’s absence from work.
- 65 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 4.3.2 Medical Verification
If an employee uses three (3) consecutive sick leave days, the city will require the employee to
provide a medical verification of illness statement from their physician. For any other use of sick leave,
the City may require the employee to provide verification of illness.
Section 4.3.3 Sick Leave Utilization
Sick leave may be utilized only for the purposes as stated in the first paragraph of this section.
Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate
of pay. Employees will use accrued sick leave in reverse accrual order. Thus, when an employee uses a
sick leave hour, the last sick leave hour earned is removed from his accumulated sick leave.
Excessive absenteeism, without medical verification, may result in disciplinary action, up to and
including immediate termination of employment. “Excessive” shall be defined as those absences
occurring more than two (2) times per month (i.e. two consecutive days absent from work would be
considered as on (1) occurrence). Absent employees who have exhausted their accumulated sick leave
shall not be compensated for further absences.
Section 4.3.4 Unused Sick Leave
On May 15 of each year, an employee who has used less than the sick leave he has accumulated
in the immediately preceding fiscal year (May 1 through April 30) will be asked if he wishes to sell back
the accrued sick leave earned in that fiscal year at a rate equivalent to fifty (50%) percent of his regular
th
rate of pay as determined on April 15 for each sick hour sold back. The number of sick leave hours for
which an employee elects cash compensation shall be deducted from such employee's accumulated sick
th
leave. Employees electing to sell back their sick leave will be paid to them by June 15.
An employee who is eligible upon separation to collect a retirement pension under IMRF or the
Police Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or
voluntary resignation] and has been employed by the City for more than twenty (20) years shall be paid
for all unused sick leave at fifty (50%) of his regular rate of pay for all accumulated and unused sick
leave up to 960 hours.
Section 4.3.5 Sick Leave Donation Policy
In recognition of the financial hardship that an extended, catastrophic illness can cause
employees, the City is willing to facilitate the voluntary donation of sick leave among employees. If an
employee voluntarily requests that the City transfer a portion of that employee's accrued sick time to an
employee with a catastrophic illness, the City will facilitate that transfer. Such a request may be
submitted in writing to Human Resources for processing. The name of the donor will be kept
anonymous.
An employee seeking to donate sick leave will be required to retain 30 days of sick leave time,
but is not otherwise limited in the amount of sick leave time the employee can donate. An employee
- 66 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
who receives donations of sick time from other employees will only be allowed to use that sick time
when the employee has otherwise exhausted all accrued time off.
Prior to approving the use of donated sick time and consistent with the City's sick leave policy,
the City may require that the employee who receives donated sick time submit medical documentation
supporting the continued use of sick time.
Section 4.4 Reporting of Absences
All Department Heads shall keep an accurate account of any employee absences including their
own. Arriving and reporting to work regularly and on time is one of the employee's prime
responsibilities. Failure to be on the job when scheduled reduces the efficiency of the City. Illness
should be reported to the employee's immediate supervisor one (1) hour before the start of the
employee’s shift. Failure to secure proper permission for the use of personal days and/or sick hours or to
report illness on time may result in full loss of pay for the hours involved for non-exempt employees.
Exempt employees should apprise their immediate supervisor if they will not be present during normal
business hours.
Section 4.5 Duty-related Illness of Leave
In the event of a work-related accident or death that occurs while on the job, all employees are
eligible for worker’s compensation as provided by law. Employees covered by a collective bargaining
agreement should consult the relevant agreement for additional information. The Department Head may
consider a light duty program for any employee who has a medical release to return to limited duty.
Section 4.6 Emergency and Bereavement Leave
Time away from the job due to emergencies will be granted at the discretion of the Department
Head. The Department Head shall make the decision whether non-exempt employees shall receive paid
or unpaid time off, or shall be required to make up missed time. Exempt or Supervisory employees shall
be permitted to take emergency leave at the discretion of the Mayor or City Administrator or his/her
designee, and where the need for leave is a day or more, the City may, at its discretion, designate such
leave as unpaid leave time. Emergency time off for bereavement will only be allowed in the case of
death of an immediate family member, (mother, father, brother, sister, child, spouse, mother-in-law,
father-in-law), or in special cases as approved by Department Head. These days are separate from
floating holidays and sick hours.
Section 4.7 Uniformed Services Employment and Reemployment Rights Act
The City will provide for leaves for uniformed or military service in accordance with the
requirements of state and federal laws. If an employee needs to take leave for uniformed or military
service, they should submit a copy of their orders along with their request for leave as soon as they
become aware of the need for leave. Please contact the City Administrator for further details about the
uniformed or military leave rights.
- 67 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
These provisions apply to all Illinois employers, including public employers. Furthermore,
employees who are members of the reservists – either in the U.S. Armed Services or in the Illinois
National Guard – are entitled to the following benefits (under Illinois Law) when mobilized to active
military duty by presidential order:
Continuing compensation (minus the amount of the employee’s base pay for military
service) for the entire period of active military service; and
Continuing health insurance and other benefits the employee was receiving or
accruing at the time the employee entered military service.
Section 4.8 Illinois Family Military Leave Act
Employees who are the spouse or parent of a person called to military service lasting longer than
30 days shall be provided up to 30 days of unpaid family military leave during the time federal or State
deployment orders are in effect.
The employee shall give at least 14 days notice of the intended date upon which the family
military leave will commence if the leave will consist of 5 or more consecutive work days. Employees
taking leave for less than 5 days shall give advance notice as is practicable.
An employee shall not take leave as provided under this Act unless he or she has first exhausted
all accrued vacation leave, personal leave, and compensatory leave. Only employees who have been
employed by the City for at least 12 months and who have worked at least 1,250 hours during the 12-
month period immediately preceding the commencement of leave protected under this Act. (820 ILCS
151/)
Section 4.9 Jury Duty Leave
Employees shall be granted leave with pay when required to be absent from work for jury duty.
Employees are expected to contact their immediate supervisor and report to work when they are excused
from jury service, temporarily or finally. Any payment received by the employee for jury duty shall be
given to the City because the employee is receiving their full pay while on jury duty leave.
Section 4.10 Time Off for Voting
Every employee who is entitled to vote at a general or special election is entitled, after giving
notice, to two hours off work to vote, provided that the employee’s working hours begin less than 2
hours after the opening of the polls and end less than 2 hours before the closing of the polls. (10 ILCS
5/17-15)
Section 4.11 Unpaid Discretionary Leave
In addition to the leaves described above, regular full-time employees who have completed at
least twelve (12) months of continuous service and are in good standing may request a leave of absence.
The following conditions and procedures apply to any leave of absence not covered by FMLA, unless
- 68 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
otherwise required by applicable law. Leave of absence request shall be presented to the department
head in writing by the employee. The request shall be reviewed and approved or denied by the City
Administrator. If approved, the employee will be required to exhaust all applicable accrued paid time
off prior to moving to an unpaid leave. For instance, if an employee is approved for an unpaid
discretionary leave that is not medical related, they will not be required to exhaust sick-time prior to the
unpaid leave. While on leave if the employee should choose they will be placed on COBRA coverage to
continue their health insurance benefit and will be required to pay the full premium. Failure to pay the
premium within 30 days of the due date will terminate coverage. Time spent on extended leaves of
absence may not be counted as creditable service. Length of service shall not accrue for an employee
who is on an approved leave of absence but will begin to accrue again when the employee returns to
work on a pay status.
Leaves of absence will generally not be extended beyond twelve (12) months from the actual
start date of the leave. Employees on a leave who do not return to work on or before the expiration of
the twelve (12) month period will be terminated from employment with the City. Employees wishing to
take such leaves of absence must realize that reinstatement to their former position is not guaranteed.
However, if the position is still in existence and is vacant at the conclusion of the period, the employee
may resume his/her same status therein subject to the approval of the City Administrator. If the position
no longer exists the employee will be encourage to apply for an open positions.
Section 4.12 Employee Benefits Information
All employees will be required to notify the employer of any changes in address, family status,
or other personal information. Notification of a change in family status must be accompanied by legal
documentation (i.e. birth certificate, marriage license, divorce decree, etc.) within 30 days of change in
order for benefits to be changed.
Section 4.13 Health and Life Insurance Coverage
All full-time employees are covered under the City's health, dental, and vision insurance plan.
There is a 30-day waiting period before new employees are eligible for coverage. After completion of
the waiting period, insurance shall begin on the first day eligible as determined by the health insurance
policy then in effect. The City agrees to pay the premium thereafter for employees and their dependents,
except for the monthly participation fee by the employee and the City reserves the right to change the
monthly participation fee. The City will make every effort to provide employees with a forty-five (45)
day written notice of any proposed change.
The City shall provide life insurance for full-time and eligible part-time employees, in the
amount of $50,000. Spouses will be insured at $10,000 and dependents age one (1) week to six (6)
months at $1,500 or age six (6) months to 19 years (25 if a full-time student) at $2,500.
Summary plan descriptions (SPD's), which explain coverage of your health and life insurance
benefits in greater detail are available from the Human Resources Manager. The actual plan documents,
which are available by making a written request to the Human Resources Manager, are the final
authority in all matters relating to the benefits described in this Manual or in the summary plan
description and will govern in the event of any conflict. Additionally, the City reserves the right to
- 69 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
change insurance carriers, change health maintenance organizations, self-insure, and/or change or
eliminate any benefits at any time with a forty-five (45) day notice, when practical in accordance with
applicable law.
Section 4.14 Pension Participation
Section 4.14.1Eligibility
All employees who work 1,000 hours or more per calendar year are covered by the Illinois
Municipal Retirement Fund (I.M.R.F.) pension and its regulations to which the City and employees shall
contribute, unless covered by a collective agreement or another pension plan.
Section 4.14.2 Military Service Credit
All employees who were in active participating status under IMRF on the date of June 14, 2001
shall be allowed service credit to employees who served in the armed forces of the United States for up
to two (2) years of service, prior to their participation in the Illinois Municipal Retirement Fund.
Section 4.15 Continuation of Medical Coverage (COBRA)
In accordance with the an
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
employee, who would otherwise lose group health insurance coverage because of a reduction in working
hours or the termination of employment for reasons other than gross misconduct, is eligible to continue
under the City’s plan up to 18 months or for such other period time prescribed by law. The City will
notify an employee of the time period for which continuation coverage may be provided. If an
employee elects to continue coverage, he or she will be responsible for payment of the full premium,
which amount may change from time to time.
Section 4.16 Education
1.All requests by an employee for the enrollment to a college degree program or college
coursework, which must be job related, must be submitted by the Department Head to the City
Administrator for approval. The City recognizes four (4)levels of degree programs, described as
follows: (i) high school; (ii) 64 credit hours of college course work; (iii) bachelor's degree; and,
(iv) master's degree. All courses related to the program shall be eligible for payment subject to
budget approval. This provision shall be subject to change and does not entitle any employee the
exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee
shall provide a grade or transcript to the Department Head upon the completion of each course.
Any revision or change requested by the employee to the approved program must be submitted
to the Department Head for approval prior to the revision or change.
2.Upon approval under section “a”, the City shall pay tuition and fees only for college coursework
(not travel or wages), unless otherwise approved by the Mayor and City Council.
3.The City may pay all expenses of an elective course. An elective course is one that may benefit
the City by added knowledge, but is not directly related to City operations.
- 70 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
4.The tuition and fees only (no books or materials) of an elective or required course will be paid
through direct billing from the appropriate school, or paid as a reimbursement to the employee
pending the completion of a consent form for repayment and pending receipt of a the grade
transcript The employee will sign the payroll deduction form prior to the enrollment of the
course stipulating to the following provisions will apply: if a grade of a B-average or better is
attained upon the completion of the course the class will be considered complete and paid for by
the City. If less than a B-average is attained, the employee will be required to pay back 100% of
the tuition and fees to the City through a payroll deduction as stipulated within the payroll
deduction sign off form or direct payment to the City. If an employee voluntarily leaves the City
within two years of completing a course reimbursed under this policy, a percentage amount of
reimbursed expenses must be repaid to the City according to the following schedule:
a.0-6 months of completion of course – 100%
b.7-12 months of completion of course – 75%
c.13-18 months of completion of course – 50%
d.19-24 months of completion of course – 25%
5.Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the
University of Illinois Urbana-Champaign as is designated at the time of class approval.
Section 4.17 Training and Certificates
1. When seminars are deemed in the best interest of the City by the Department Head, only
Department Head approval, subject to budget constraints is needed to send an employee to the
seminar and pay expenses incurred.
2.The City shall pay all expenses including wages at “regular” pay, travel, and training fees for any
full-time or approved part-time employees enrolling in “required” training courses.
3.All Department Heads will complete the Off-Premises Training Hours Worked Agreement form
(Appendix I) for all employees who attend training outside the Chicago Metropolitan area. In
addition, for all out of state travel for meetings/seminars/training/conferences that have
numerous locations, the Department must select the most cost effective destination. For any out-
of-state travel request that is not included within the narrative of the budget, the Department
Head must receive approval by the City Administrator.
Section 4.18 Lodging and Meal Expenses
Meals are reimbursed on a per diem basis, at a maximum of $40 per day. Meals included with
the price of registration for an event will not be included in the per diem. Meal payments shall be
processed as a reimbursement after the event from petty cash or by requesting a check from the Finance
Department; or employees shall be issued a City credit card, if feasible, for use at the event. For
multiple-day seminars or conferences, the allowance for the day of departure and day of return shall be
pro-rated based upon the number of meals required away from home. For these pro-rated allowances,
breakfast shall be $10, lunch $10, and dinner $20 per day. In no instances shall per diems be used to
purchase alcoholic beverages, whether or not the consumption occurs during meal-time.
- 71 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Maximum lodging rates shall be set at the conference-host hotel rate, or in absence of a
conference, $150 per night. Department head approval must be obtained for any and all increases to this
amount for lodging. To minimize travel costs while at conferences, employees are encouraged to ask
the hotel for government-rates and to stay at the conference-host hotels. At conferences, employees are
allowed to stay at any other hotel of their choice, so long as the hotel rate is equal or cheaper than the
conference-host hotel rate.
Section 4.18.1 Family lodging and accompaniment
The City does not encourage family members to accompany the employee on an official trip.
However, there is no objection to this practice if their accompaniment does not interfere with the
purpose of the trip. Family members shall travel at their own risk and cost.
Section 4.19 Internal Revenue 457 Deferred Compensation Plan
The City offers for all full time employees to participate in an Internal Revenue Code 457
Deferred Compensation Plan, which creates the opportunity for financial benefits and favorable tax
treatment on the part of its employees. The employee contacts the Human Resources Manager to
receive and complete the appropriate documents to enroll in the plan.
Section 4.20 Additional Voluntary Benefits
Additional voluntary benefits are provided to employees as the benefits are approved by City
Council. These benefits will be communicated to employees at time of hiring, open enrollment, and as
they are approved by City Council.
Section 4.21 Victim’s Economic Security and Safety Leave
This policy is to provide employees with leave benefits, when needed, in accordance with the
Victims’ Economic Security and Safety Act (VESSA) effective August 25, 2003.
Section 4.21.1 Coverage and Eligibility
Any employee who has been subjected to domestic or sexual violence shall be provided leave
during work hours for any of the following:
• To seek medical attention for, or recover from, physical or psychological injuries;
• To obtain services from victim service organizations;
• To obtain psychological or other counseling;
• To participate in safety planning, to temporarily or permanently relocate, or to take
other actions to increase safety from future domestic or sexual violence;
• To seek legal assistance or remedies to ensure health and safety, including preparing
for or participating in any civil or criminal legal proceeding.
Employees may also take such leave to help a family/household member who is a victim of
domestic or sexual violence.
- 72 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 4.21.2 Notification and Verification
Qualifying employees must notify the Human Resources Manager as soon as possible when
requesting time off. While verification is required, the Human Resources Manager will take every
precaution to see that all information is kept as confidential as possible. Verification will consist of one
of the following:
• A sworn statement by the employee; and documentation from an agent of victim
services, an attorney, or other professional from whom the employee or their
family/household member has sought assistance;
• A police or court record;
• Other corroborating evidence.
Section 4.21.3 Time Allowed
Employees are entitled to a maximum of twelve (12) weeks unpaid leave during any rolling 12-
month period, provided, where practicable, notice has been given at least forty-eight (48) hours in
advance.
Section 4.21.4 Substitution of Paid Leave
Employees will be required to substitute personal days and/or vacation and/or FMLA leave. This
leave is not intended to confer a right to leave beyond the twelve (12) weeks of FMLA.
Section 4.21.5 Job Protection
Employees who take leave under this policy are entitled to be restored to the same or equivalent
position upon their return, however, seniority and other benefits will not continue to accrue during any
unpaid leave. Employees are also entitled to continue health insurance on the same terms and conditions
as if the employee remained continuously employed. If an employee fails to return from leave, the City
shall recover any and all premium contributions provided by the City during the leave period.
This policy is intended to be an overview of the VESSA and its key features. To the extent that
this policy could be read inconsistently with the VESSA, the Act and its rules shall supersede.
Section 4.22 Blood and Organ Donation Leave
Section 4.22.1 Blood Donation
Employees who donate blood will be entitled to up to one (1) hour of paid time off for the
purposes of blood donation and two (2) hours for blood platelets donation. This is allowed every 56
days, in accordance with appropriate medical standards established by the American Red Cross,
America’s Blood Centers, the American Association of Blood Banks, or other nationally recognized
standards.
- 73 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
An employee must obtain written approval from their supervisor, by submitting a request for
leave form (Appendix K), no less than five (5) working days prior to using such time. Donations must be
scheduled at the start or end of the employee’s workday. Upon return to work, the employee must
provide documentation substantiating the blood donation in order to be paid for this time. This time will
not be considered in calculating overtime pay.
Section 4.22.2 Organ Donation
Employees will be entitled to up to thirty (30) calendar days of paid organ donation leave in any
12-month period to serve as a bone marrow or organ donor.
Time off for organ donation will be designated as Family Medical Leave and the proper forms
and documentation are required to be completed prior to the leave. An employee must obtain written
approval from his/her supervisor, by submitting a request for leave form, no less than 10 working days
prior to using organ donation leave time.
Section 4.23 School Conference and Activity Leave
Employees are eligible for up to 8 hours during any school year, and no more than 4 hours of
which may be taken on any given day, to attend school conferences or classroom activities related to the
employee’s child if the conference or activity cannot be scheduled during non-work hours.
Section 4.23.1 Eligibility Requirement
An employee may take this unpaid leave only if they have exhausted all accrued vacation leave,
personal leave, compensatory leave and any other leave that may be granted to the employee except sick
leave and disability leave.
Section 4.23.2 Notice Provisions
The employee shall provide a written request for leave at least 7 days in advance of the time the
employee intends to utilize the leave. In emergency situations, no more than 24 hours notice shall be
required. The employee must consult with the employer to schedule the leave so as not to disrupt unduly
the operations of the employer.
Section 4.24 Disability Leave
Employees are presently covered by two (2) separate disability plans. These are IMRF and the
Police Pension Fund. Employees are subject to the regulations governing disability benefits in each of
their respective plans.
Section 4.24.1 Disability - Non Work-Related
Section 4.24.1.1 Less than One (1) Year’s Employment
- 74 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
If an employee who is employed by the City for less than one (1) year becomes disabled
as a result of an injury or illness not arising out of or in the course of his/her employment with
the City, he/she is not eligible to receive worker’s compensation benefits.
An employee may remain an active employee for a period of up to three (3) months from
the date the individual was disabled. Upon the expiration of such period, the employee may be
considered permanently separated from employment. Any unused sick and vacation leave time
due the employee will be administered in accordance with City policy in effect at that time.
Insurance coverage will be provided in accordance with the COBRA policy for full-time
employees.
Section 4.24.1.2 More Than One (1) Year’s Employment
If an employee who is employed by the City for more than one (1) year becomes disabled
as a result of an injury or illness not arising out of or in the course of his/her employment with
the City, he/she is not eligible to receive worker’s compensation benefits.
An employee may remain an active employee for a period of up to six (6) months from
the date the individual was disabled. Upon the expiration of such period, the employee may be
considered permanently separated from employment. Any unused sick and vacation leave time
due the employee will be administered in accordance with City policy in effect at that time.
Insurance coverage will be provided in accordance with the COBRA policy for full-time
employees.
Section 4.24.2 Disability – Work-related
Section 4.24.2.1 Less than One (1) Year’s Employment
If an employee who is employed by the City for less than one (1) year becomes disabled
as a result of an injury or illness arising out of or in the course of employment with the City,
he/she may be eligible to receive worker’s compensation benefits. If he/she is unable to perform
the duties of his/her assigned position after a period of thirty (30) consecutive days from the first
date of his/her disability, he/she may be separated from the active payroll. Any unused sick and
vacation leave time due the employee will be administered in accordance with City policy in
effect at that time. Insurance coverage will be provided in accordance with COBRA policy for
full-time employees.
Section 4.24.2.2 More than One (1) Year’s Employment
If an employee who is employed by the City for more than one (1) year becomes disabled
as a result of an injury or illness arising out of or in the course of employment with the City,
he/she may be eligible to receive worker’s compensation benefits. If he/she is unable to perform
the duties of his/her assigned position for a period of one (1) consecutive year from the first date
of his/her disability, he/she may be separated from the active payroll. Any unused sick and
vacation leave time due the employee will be administered in accordance with City policy in
- 75 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
effect at that time. Insurance coverage will be provided in accordance with COBRA policy for
full-time employees.
An employee, while on a work-related disability, continues to accrue service time for
certain purposes, as provided under Illinois law. However, the employee does not accrue sick
and/or vacation leave time during such period. Insurance coverage will be provided for full-time
employees.
Employees who are on a job-related disability will continue to accrue service credit under
any retirement or disability plan or program only to the extent provided in such plan or program.
Section 4.25 Family and Medical Leave
Section 4.25.1 General Statement
It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12) weeks of
unpaid family and medical leave during a 12-month period to eligible employees in accordance with the
Family and Medical Leave Act of 1993 ("FMLA"). The 12-month period is measured using a rolling
backward year.
Section 4.25.2 Eligibility
In order to qualify to take family and medical leave under this policy, an employee must have
worked for the city for at least twelve (12) months and at least 1,250 hours during the twelve (12) month
period immediately before the date when the leave would begin.
Section 4.25.3 Reasons for Leave
A leave of up to twelve (12) weeks may be requested for any of the following reasons:
1.The birth of a child and to care for the newborn child within one year of birth;
2.The placement with the employee of a child for adoption or foster care and to care for the
newly placed child within one year of placement;
3.To care for the employee’s spouse, child, or parent who has a serious health condition;
4.A serious health condition that makes the employee unable to perform the essential functions
of his or her job.
5.Because of any “qualifying exigency” (as defined by the Secretary of Labor) arising out of
the fact that an employee’s spouse, child, or parent is deployed on active duty in a foreign
country (or has been notified of an impending call or order to active duty) in the Armed
Forces.
- 76 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
A leave of up to twenty-six (26) weeks may be requested to carecovered servicemember
for a
with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter,
parent, or next of kin (military caregiver leave).
Spouses both employed by the City who request Child Care Leave or leave to care for an ill
parent may only take combined aggregate total of twelve (12) weeks during any 12-month period.
Employees will not be granted an FMLA leave to gain employment or work elsewhere, including
self-employment. Employees who misrepresent facts in order to be granted an FMLA leave will be
subject to immediate termination.
Section 4.25.3.1 Serious Health Condition
For purposes of this policy, “serious health condition” means an illness, injury,
impairment or physical or mental condition that involves one of the following:
a. Hospital Care. Inpatient care in a hospital, hospice or residential medical care
facility, including any period of incapacity relating to the same condition;
b. Absence Plus Treatment. A period of incapacity of more than three full
consecutive calendar days (including any subsequent treatment or period of
incapacity relating to the same condition), that also involves either: (1) treatment
two (2) or more times (within 30 days and provided the first visit takes place
within seven (7) days of the first day of incapacity) by a health care provider, by a
nurse or physician’s assistant under direct supervision of a health care provider, or
by a provider of health care services under orders of, or on referral by, a health
care provider; or (2) treatment by a health care provider on at least one occasion
which results in a regimen of continuing treatment under the supervision of the
health care provider (first visit to health care provider must take place within
seven (7) days of the first day of incapacity);
c. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care;
d. Chronic Conditions Requiring Treatment. A chronic condition which: requires at
least two (2) periodic visits for treatment per year by a health care provider, or by
a nurse or physician’s assistant under direct supervision of a health care provider;
which condition continues over an extended period of time; and may cause
episodic rather than a continuing period of incapacity;
e. Permanent/Long-term Conditions Requiring Supervision. A period of incapacity
which is permanent or long-term due to a condition for which treatment may be
effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care
provider;
f. Multiple Treatments (non-chronic conditions). Any period of incapacity to
receive multiple treatment (including any period of recovery therefrom) by a
- 77 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
health care provider or by a provider of health care services under orders of, or on
referral by, a health care provider, either for restorative surgery after an accident
or other injury, or for a condition that would likely result in a period of incapacity
of more than three (3) full consecutive calendar days in the absence of medical
intervention or treatment.
Section 4.25.3.2 Qualifying Exigency Leave
If you are an eligible employee (as defined above), you are entitled to take up to twelve
(12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a
covered military member is on active duty or called to active duty status. The leave described in
this paragraph is available during a 12-month rolling period, and may be taken on an intermittent
or reduced leave schedule basis. You will be required to provide a copy of the covered military
member’s active duty orders or other documentation issued by the military that indicates that the
military member is on active duty or is called to active duty status in a foreign country and the
dates of the covered military member’s active duty service. Eligible employees may take all
twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the
employee may take a combination of twelve (12) weeks of leave for both qualifying exigency
leave and leave for a serious health condition (as defined above).
With respect to a Qualifying Exigency Leave:
a. A “covered military member” means your spouse, son, daughter, or parent who is
on active duty or called to active duty status in any foreign country in any of the
Armed Forces, including a member of the National Guard or Reserves.
b. A “qualifying exigency” includes the following broad categories: (a) short notice
deployment; (b) military events and related activities; (c) childcare and school
activities; (d) financial and legal arrangements; (e) counseling; (f) rest and
recuperation; (g) post deployment activities, including reintegration activities, for
a period of 90 days following the termination of active duty status; and,
(h) additional categories that are agreed to by the employer and employee within
this phrase.
c. The phrase “son or daughter” is defined as your biological, adopted, or foster
child, stepchild, legal ward, or child for whom you stood in loco parentis, of any
age for qualifying exigency leave, who is on active duty or called to active duty
status who is of any age. (Note: This definition is different from other sections of
this FMLA policy).
d. A “parent” means a biological, adoptive, step or foster father or mother, or any
other individual who stood in loco parentis to you when you were a son or
daughter but it does not included “parents in law”.
Section 4.25.3.3 Military Caregiver Leave
If you have been employed by the City for at least twelve (12) months and have worked
at least 1,250 hours during the 12-month period preceding the start of the leave, and you work at
- 78 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
or report to a work site which has fifty (50) or more City employees within a 75-mile radius of
that work site, and you are a spouse, child (of any age for military caregiver leave), parent or
next of kin of a Covered Servicemember, as defined below, you are entitled to a total of twenty-
six (26) workweeks of unpaid leave during a single 12-month period to care for the Covered
Servicemember (including twelve (12) workweeks for any other FMLA qualifying reason). The
leave described in this paragraph shall only be available during a single 12-month period
beginning as of the date the leave commences and ending 12 months after that date (and any
unused amounts are forfeited).
Military Caregiver Leave may be permitted more than once if necessary to care for a different
Covered Servicemember (or the same Servicemember with multiple or subsequent injuries or illnesses)
up to a combined total of twenty six (26) workweeks in a twelve (12) month period. However, your
total available leave time in any single 12-month period generally may not exceed a combined total of
twenty-six (26) workweeks (including FMLA time off taken for any other reason); except as provided
under the FMLA regulations. You will be required to timely submit the completed paperwork provided
to you and available from our Human Resources Department as a condition of receiving approved
Military Caregiver Leave; except as provided under the FMLA regulations. NOTE: the 12 month
computation period for this type of leave differs from the other types of FMLA leave.
With respect to Military Caregiver FMLA Leave:
a. A “Covered Servicemember” means a member of the Armed Forces, including a
member of the National Guard or Reserves, who (i) is undergoing medical
treatment, recuperation, or therapy, (ii) is otherwise in outpatient status, or (iii) is
otherwise on the temporary disability retired list, for a serious injury or illness; or
is a veteran (discharged for other than “dishonorable” reasons) who was on active
duty at some point in the five (5) year period prior to the date when the medical
treatment, recuperation or therapy for a serious injury or illness that necessitates
the Caregiver’s leave).
b. “Outpatient status” means the status of a member of the Armed Forces assigned to
a military medical treatment facility as an outpatient or a unit established for the
purpose of providing command and control of members of the Armed Forces
receiving medical care as outpatients.
c. “Next of kin” means the nearest blood relative of that individual (regardless of
age) other than an employee’s spouse, son or daughter. You are required to
provide confirmation of the relationship upon request. The Servicemember may
designate the blood relative who is considered his/her next of kin; otherwise, the
following order generally will apply: blood relatives granted custody by law,
brother/sister, grandparents, aunts/uncles, and then first cousins.
d. “Serious injury or illness” means an injury or illness incurred by the
Servicemember in the line of duty on active duty in the Armed Forces (or existed
before the beginning of the Servicemember’s active duty and was aggravated by
service in the line of duty) that (i) may render the Servicemember medically unfit
to perform the duties of the member’s office, grade, rank or rating, or (ii) in the
- 79 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
case of a veteran Servicemember, that manifests itself before or after the member
became a veteran.
Section 4.25.4 Leave is Unpaid
FMLA leave is generally unpaid leave. If an employee requests Child Care or Family Medical
Leave, any accrued paid vacation and personal time must first be substituted and used for unpaid FMLA
leave. If an employee requests Employee Medical Leave, any accrued paid vacation, personal and
applicable sick leave must first be substituted and used for any unpaid FMLA leave. The substitution of
paid leave time for unpaid leave time or use of short-term disability does not extend the 12-week leave
period. Employee Medical Leave will also run concurrently with leave taken under the City's disability
leave policy and workers' compensation leave, if taken for an FMLA qualifying serious health condition.
If an employee takes vacation time/sick leave using salary continuation for a condition that
constitutes or progresses into a serious health condition, the City may designate all or some portion of
such leave as under this policy, to the extent that the paid leave meets the necessary qualifications.
Section 4.25.5 Notice of Leave
If an employee’s need for FMLA leave is foreseeable, the employee must give the City at least
thirty (30) days prior written notice. Failure to provide such notice may be grounds for delay of leave.
Where the need for leave is not foreseeable, the employee is expected to notify the City as soon as
practicable, generally within one to two business days of learning of the employee’s need for leave. A
request must be made in writing on the City's forms (Appendix K), available in personnel.
You must respond to our questions relative to your leave request so that we can determine if the
leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections.
If you are seeking leave due to an FMLA-qualifying reason for which the City has previously granted
you FMLA-protected leave, you must specifically reference the qualifying reason or need for FMLA
leave at the time of your request to be away from work. It is not sufficient to simply “call in sick”
without providing additional information which would provide the City with reasonable cause to believe
your absence/time away from work may qualify as an FMLA qualifying event. In all cases in which you
are seeking leave under this policy, you shall provide such notice to the City consistent with the City’s
established call-in procedures so long as no unusual circumstances prevent you from doing so. Failure
to comply with the call-in procedures may result in a delay or denial of FMLA protected leave.
You must make an effort to schedule a leave so as not to disrupt business operations. During the
leave, you may be required to report periodically on your status and your intention to return to work.
Any extension of time for your leave of absence must be requested in writing prior to your scheduled
date of return to work, together with written documentation to support the extension. Your failure to
either return to work on the scheduled date of return or to apply in writing for an extension prior to that
date will be considered to be a resignation of employment effective as of the last date of the approved
leave. Employees on leaves for their own serious health condition must provide fitness-for-duty releases
from their health care provider before they will be permitted to return to work. Your maximum time on
a leave of absence, all types combined, and including all extensions, cannot exceed a total of twelve (12)
weeks in a rolling twelve month period, unless you are a spouse, child, parent, or next of kin on leave to
- 80 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
care for a Covered Servicemember, in which case your leave can last for up to twenty-six (26)
workweeks in a single twelve (12) month period (unless legally required otherwise).
An Employee shall not be granted a leave of absence for the purpose of seeking or taking
employment elsewhere or operating a private business. Unauthorized work while on a leave of absence
will result in disciplinary action, up to and including discharge.
A leave of absence will not affect the continuity of your employment. Your original date of
employment remains the same for seniority purposes. However, you will not accrue any benefits during
the period you are on a leave.
Section 4.25.6 Medical Certification
If an employee is requesting Employee Medical or Family Medical Leave the employee and the
relevant health care provider must supply appropriate medical certification. The City will supply all
employees with medical certification forms. The medical certification must be provided within fifteen
(15) days after it is requested, or as soon as reasonable under the circumstances. Failure to provide
requested medical certification in a timely manner may result in denial of leave until it is provided. In
its discretion and at its own expense, the City may require a second medical opinion, and if the first and
second opinions differ, a third medical opinion. The third opinion will be provided by a health care
provider approved jointly by the employee and the City and will be binding. The City may also require
recertification periodically during a leave, and employees will be required to present a fitness-for-duty
certificate upon return to work following an employee medical leave.
Section 4.25.7 Medical and Other Benefits
During an FMLA leave, the City will maintain the employee's health benefits on the same
conditions as if the employee had continued working. If paid leave is substituted for unpaid FMLA
leave, the City will deduct the employee's portion of the health plan premium as a regular payroll
deduction. If the FMLA leave is unpaid, the employee must make arrangements with the City to pay
his/her portion of the premium. Group health care coverage will cease if the employee's premium
payment is more than thirty (30) days late, but the employee will be notified at least fifteen (15) days
before coverage lapses. Additionally, if the employee fails to return from leave, the City will require
repayment of any premium that was paid for maintaining the health coverage for the employee, unless
the employee does not return because of a continuing or recurring serious health condition of either the
employee or a covered member, or because of other circumstances beyond the employee's control.
Employees are not entitled to other benefits or seniority accrual during the FMLA leave.
Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the
same as if they were actively employed, according to the terms of the applicable plan.
Section 4.25.8 Returning from Leave
Employees who return to work from FMLA within or on the business day following expiration
of the twelve (12) weeks are entitled to return to his or her same position or to an equivalent position
with equal benefits, pay or other terms and conditions of employment. The City may choose to exempt
certain highly compensated ("key") employees from this requirement and not return them to the same or
- 81 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
similar position. Of course, you have no greater right to reinstatement or to other benefits and
conditions of employment than if you had been continuously employed during the FMLA leave period.
In determining whether a position is “equivalent” we would look at whether the position had
substantially similar terms and conditions of employment and whether the position entails similar duties,
skills, efforts, responsibilities, authority, privileges and status.
If your leave was due to your own serious health condition, you will be required to provide
medical certification that you are fit to resume work. Employees failing to provide the Return to Work
Medical Certification Form will not be permitted to resume work until it is provided.
Section 4.25.9 Reporting While on Leave
The City may require an employee on FMLA leave to report periodically on the employee's
status and intent to return to work.
Section 4.25.10 Intermittent and Reduced Schedule Leave
FMLA leave because of a serious health condition may be taken intermittently (in separate
blocks of time due to a single covered health condition) or on a reduced work schedule (reducing the
usual number of hours an employee works per work week or workday) if medically necessary. If FMLA
leave is unpaid, the City will reduce the employee’s salary based on the amount of time actually worked.
In addition, while the employee is on intermittent or reduced schedule FMLA leave, the city may
temporarily transfer the employee to an available alternative position that better accommodates the
employee recurring leave and which has equivalent pay and benefits.
Section 4.25.11 Policy Administration
This policy is intended to comply with and will be administered in accordance with the Family
and Medical Leave Act of 1993, as amended, and any applicable regulations, definitions and law there
under, as well as any state family or medical leave laws granting additional rights that are applicable to
employees employed in Illinois.
Section 4.25.12 Interrelation of Leaves
Any leave taken pursuant to this policy, other City policies, a collective bargaining agreement, or
law which qualifies as leave under the FMLA or any applicable state family or medical leave act, will be
counted against the employee's available leave under the applicable City policies, collective bargaining,
and/or law, as well as the available leave under the FMLA or applicable state law, to the extent
permitted by such applicable law.
Section 4.25.13 Anti-Retaliation Provisions
Be assured that no retaliation will be taken or tolerated against any employee who exercises
his/her rights under our FMLA policy. If you feel that you have been the victim of any discrimination or
retaliation under this Policy, you are encouraged to contact the Human Resources Manager so that the
matter can be promptly investigated and remedied as appropriate
- 82 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 4.25.14 FMLA Forms
Forms to be used in conjunction with requesting to use FMLA time are attached to this manual
as Appendix K.
Section 4.26 Benefits While on Leave
Time spent on extended unpaid leaves of absence may not be counted as creditable service for
pension purposes. Further, if an employee goes on an approved, unpaid leave of absence for a period in
excess of thirty (30) calendar days and wishes to continue to be covered by the City’s health or life
insurance, he or she will be responsible for payment of the total monthly insurance premiums unless
otherwise provided by law.
It is the policy of the City not to request the City Council to grant IMRF Pension Credit and
Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary
leave of absence.
Upon return, the City will place the employee in his or her previous assignment, if vacant, the
employee will be placed in the first available assignment according to the employee’s seniority, where
skill and ability to perform the work without additional training is equal. If, upon the expiration of a
leave of absence, there is no work available for the employee or if the employee could have been laid off
according to his seniority except for his leave, he shall go directly on layoff.
Employees will maintain their employment status and previously accrued benefits while on
approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during
the time they are on approved paid leave from City service.
Unless otherwise stated or otherwise required by law, length of service shall not accrue for an
employee who is on an approved non-paid leave status. Accumulated length of service shall remain in
place during that leave and shall begin to accrue again when the employee returns to work on a pay
status. Unless otherwise stated, an employee returning from leave will have his seniority continued after
the period of the leave.
- 83 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
SECTION 5
SEPARATION
Section 5.1 Termination
An employee may be terminated only by the Mayor, following a recommendation by the
Department Head and the Human Resources Manager to the City Administrator. The Department Head
shall consult with the Human Resources Manager prior to such action to assure proper and complete
documentation is on hand and to forward copies of such documentation to Human Resources at that
time.
A full-time employee who is terminated will be paid for all unused vacation leave at the time of
termination. The employee shall receive his final check on the first pay date following the date of his
termination.
Section 5.2 Employee Termination and Exit Process
Section 5.2.1 Service Retirement
This is voluntary termination after having satisfied the age and length of employment
requirements of the applicable state retirement system. The employee must receive retirement wages
upon termination to be considered as retired.
Section 5.2.2 Disability Resignation
This is voluntary termination necessitated by an injury or illness, which renders the employee
incapable of performing his/her usual job with or without a reasonable accommodation. The termination
is preceded by a memo/letter by the employee to his/her supervisor advising of the disability ruling, date
of termination, supporting documentation, and a ruling by the appropriate Board or Industrial Insurance
Division verifying the disability and approving the resignation.
Section 5.2.3 Employee-Initiated Resignation
This is voluntary termination for any reason other than formal retirement. A non-exempt
employee wanting to leave the City in good standing shall provide a written resignation to his/her
immediate supervisor at least fourteen (14) calendar days prior to the effective date of resignation. An
exempt employee is required to notify the immediate supervisor at least thirty (30) calendar days prior to
the effective date of resignation to leave the City in good standing. The resignation letter should include
the reason for leaving, as well as the proposed effective date. Notice is understood to mean that the
resigning employee will be available for work during this time so as to aid in the training of a
replacement. Failure to provide proper notice may result in a forfeit of accumulated sick leave time.
Exceptions to the time limit requirement may be granted by the Department Head and Human Resources
Manager.
Section 5.2.4 Probationary Termination
- 84 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
This is termination of an employee during the established introductory period, usually for the
inability to meet position/department requirements. A probationary termination occurs only after the
supervisor’s consultation with the Human Resources Manager, and must be reviewed by the City
Administrator and approved by the Mayor.
Section 5.2.5 Layoff
A reduction in work force is accomplished in accordance with labor contracts and civil service
rules; however, work schedules should be planned to keep periodic or recurring layoffs to a minimum.
In layoff, recall and filling regular job vacancies, the City shall give equal consideration to an
employee’s ability and performance of the duties required in the job, and consideration to an employee’s
length of continuous service with the City in the classification. In applying this provision, where
qualifications, experience and performance are equal, seniority shall govern. Every effort will be made
for transfers to other departments when a position is open for which the employee qualifies.
The City shall provide an employee with at least two (2) weeks advance notification prior to
layoff, except in case of emergency. Severance pay may be offered at the discretion of the Mayor with
input from the City Council.
An employee on layoff must keep the City informed of the address and telephone number where
he/she can be contacted. If the City is unable to contact the employee within seven (7) calendar days, the
City’s obligation to recall the employee shall cease. The City shall have no obligation to recall an
employee after he/she has been on continuous layoff for a period which exceeds one (1) year. Should an
employee not return to work when recalled, the City shall have no further obligation to recall him/her.
Section 5.2.6 Exit Interview
Human Resources will schedule an exit interview with the employee on his/her last day of
employment. Temporary employees do not participate in the exit interview process unless information
can be gained which will improve or enhance present employment conditions.
Human Resources will review the following with the employee where applicable:
COBRA insurance;
IMRF withdrawal form;
vacation, sick, and compensatory time pay due;
partial pay for exempt employees;
flexible spending plan;
tuition reimbursement;
items to be returned to the City;
terminating or extending other benefits (for example, supplemental life insurance)
The employee should also turn in his City ID card and any City building keys at this time. Human
Resources will then conduct the actual exit interview. The information collected in the interview is used
- 85 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
to monitor employee morale and correct problems, if necessary. Typical questions asked in the interview
include:
1. What did you like best/least about working for the City?
2. What did you like best/least about your position?
3. Were you satisfied with the working relationship you had with your supervisor?
4. How would you improve department or City procedures to make this a better place to
work?
5. Would you recommend the City to friends and/or relatives as a place to work?
6. Why are you leaving the City?
7. Do you have any other comments or suggestions?
Special questions may also be developed by the Human Resources Manager and/or Department
Head for the exit interview. Copies of the completed exit interview will be distributed to the appropriate
Department Head and the City Administrator.
Employees shall receive pay for work performed through the last hour worked and for unused
benefits as stipulated by policy and laws governing such payments. Termination pay shall be reduced by
any authorized legal deductions, authorized pension plan, credit union, tax-sheltered annuity, union dues
and any other amounts specifically agreed upon in writing by the employee and the City.
Section 5.2.7 Termination Date
The official date of termination will be the last day the employee reports for work.
Section 5.2.8 Continuation of Benefits
Benefits continue through the time actually worked by the employee.
Section 5.2.8.1 Continuation of Benefits for Retirees
Retirees may elect to continue participation in the City’s group health, dental, and vision
insurance plans. To take advantage of this benefit, a retiree must have 8 years or more of
creditable service under the Illinois Municipal Retirement Fund and be eligible to immediately
receive a pension or have 20 years or more of creditable service under the Police Pension
program.
The retiree must accept or reject the plan at the time of retirement and may not join at a later
date. Acceptance must be shown by written consent within 15 days of receiving the notice from
the City that the plan may be continued as provided for in the Illinois Insurance Code. The Plan
will be extended to the retiree and only to those dependents covered prior to the time of
retirement of the City employee.
The retiree will pay the entire premium as established by the insurance carrier, and the City will
administer the plan. Failure to pay premiums will result in termination from the plan. Once the
- 86 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
retiree or any of his dependents leaves or is terminated from the plan, the insurance is not
renewable.
When a retiree becomes eligible for Medicare, the plan provides for a reduction in benefits and
premium. The spouse of a deceased employee is eligible to continue on the plan until his or her
death or remarriage under normal plan provisions. In the case of dependents, they may remain
covered following normal plan provisions.
The provisions of the Public Safety Employee Benefits Act, 820 ILCS 320/1, et seq.,
shall apply to those employees who are full-time police officers killed or catastrophically injured
in the line of duty.
Section 5.2.9 Pension Contribution Refunds
For those employees who are not retiring, moneys accumulated in the employee’s retirement account are
refundable; however, employees should check with their pension plan about the advantages and
disadvantages before making a decision. Forms required to request this refund are available in the
Human Resources Division.
Section 5.2.10 Unemployment Compensation
All claims for unemployment compensation as filed by a terminating employee shall be
processed by the Human Resources Manager and the Finance Department. Requests for information
about unemployment compensation should be forwarded to the Human Resources Manger immediately
to avoid unauthorized charges against the City’s account.
Section 5.3 Use of Paid Time
Paid time (e.g. personal days, vacation days, compensatory time) or time off for all employees
may not be used during the last two (2) weeks of employment unless approved by Human Resources.
Section 5.4 Vacation Pay-Out at Termination
Upon termination of employment, employees shall receive prorated accumulated vacation pay
on the basis of 1/12 for each full month worked past the employee's appointment date, based upon the
employee's vacation time determined by length of employment.
Section 5.5 Sick Pay-Out at Termination
An employee who is eligible upon separation to collect a retirement pension under IMRF or the
Police Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or
voluntary resignation] and has been employed by the City for more than twenty (20) years shall be paid
for all unused sick leave at fifty (50%) of his regular rate of pay for all accumulated and unused sick
leave up to 960 hours.
- 87 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Section 5.6 Medical/Dental Continuation Plan (COBRA)
Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), all employers,
including state and local governments, are required to extend continuing health care coverage to
employees and their dependents following termination, a reduction in hours (full-time to part-time),
retirement, divorce or death. If an employee terminates employment for any reason, other than gross
misconduct, or reduces hours and such employee was covered under the City’s Group Insurance Plan on
the day preceding termination or reduction, then such employee may continue medical/dental coverage
for himself/herself and any eligible dependents who were also covered during such time by making
payment for the cost of such coverage.
Section 5.6.1 Eligibility Requirements
Individuals eligible for continuation or coverage include an employee and his/her covered
dependents whose coverage would otherwise terminate due to:
1. Termination of employment for any reason other than gross misconduct;
2. Reduction of hours worked by the employee;
3. Retirement, but only if the employee’s coverage under the City’s plan terminated on
the date of his/her retirement;
4. An employee’s spouse and dependents upon the death of a covered employee, divorce
or legal separation;
5. The covered employee becoming entitled to benefits under Medicare, but only if at
that time the employee’s coverage and the employee’s dependents coverage under the
City’s group health plan terminates;
6. A dependent child when he/she no longer qualifies as a dependent under the City’s
group health plan.
Any of these individuals who are eligible for continuation of coverage shall be referred to as the
“COBRA Applicant.”
Section 5.6.2 End of COBRA Coverage
The coverage of the COBRA Applicant will end on the earliest of the following dates:
1. The date on which the COBRA Applicant becomes a covered employee under any
other group health plan;
2. The date on which the COBRA Applicant becomes eligible for coverage under
Medicare. In this case, any eligible dependents of the COBRA Applicant will, subject
to payment of the required premium, be entitled to their COBRA health continuation
for the remainder of the period;
3. The date on which the City’s plan terminates;
4. The date which is:
• Eighteen (18) months after the date on which the employee, as the COBRA
Applicant, becomes eligible for the COBRA health continuation; or
- 88 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
• Thirty-six (36) months after the date on which the widowed spouse, the former
spouse, the legally separated spouse, or a dependent child, as a COBRA
Applicant, becomes eligible for the COBRA health continuation.
If a person’s COBRA health continuation ends at the end of the maximum period (i.e., eighteen
(18) months or thirty-six (36) months), such person will be eligible for any health conversion coverage
that is available under the group health plan.
Section 5.7 Re-Employment
Any former regular employee who resigned from the City in good standing or who was laid off
as part of a reduction in work force is eligible for re-employment. Persons interested in re-employment
should file a completed city application with the Human Resources Division. The individual will then
proceed through the regular hiring procedures with other applicants as described in the Hiring Policy in
Section 6.3 of this manual. If this individual is re-hired, he/she must complete a pre-employment
physical and drug test and a background check.
An individual re-employed in his/her former position may be paid at the same pay rate at the
time he/she left the City, provided however, that the re-employment is within one (1) year of the
previous resignation; otherwise the individual will be paid in accordance with Human Resource policy.
The compensation of an employee re-hired to a position other than the former position will be subject to
provisions for new hires.
Any individual who voluntarily resigns from full-time employment the City shall forfeit all
seniority and accrued years of service. Should that individual become re-employed by the City all
benefits for which the employee is eligible will be subject to the same provisions as a new hire and will
coincide with the re-employment date.
Any individual who is laid off from full-time employment and who later becomes re-employed
by the City shall retain service credit for prior years worked. The City shall take into account previous
service credit when calculating benefits for which the employee is eligible; however, future benefits will
coincide with the re-employment date.
All individuals re-employed by the City must complete a new introductory period.
Section 5.8 References
The City shall normally provide limited disclosures regarding former employees’ work history,
which shall be limited to: the dates of employment; descriptions of the jobs performed; salary or wage
rates.
However, if the former employee has signed an “Employment Reference Release Form”
(Appendix L), additional information may be given. “Employment Reference Release Forms” outline
what information relating to the former employee, the City will disclose and to whom it may be
disclosed. Release forms may be obtained from the Human Resources Division. Signed “Employment
Reference Release Forms” shall be maintained in the employee’s personnel file in the Human Resources
Office.
- 89 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
SECTION 6
PERSONNEL PRACTICES
Section 6.1 Equal Employment
The United City of Yorkville has adopted an Equal Employment Policy as described in
Resolution 93-18 (10-25-1993). It reads as follows with modified changes to be currently compliant
with Federal, State, and Local laws:
a. It is the policy of the United City of Yorkville to promote nondiscriminatory practices in
its hiring and its contractual undertakings. It is the policy of the City to conform to all
aspects of Federal Civil Rights legislation including the Equal Employment Opportunity
Act (42 USC §2000), and all State Civil Rights Legislation.
b. No person shall, on the grounds of race, color, religion, sex, age, national origin, physical
or mental disability, ancestry, marital or civil union status, sexual orientation, or veteran
status (except those dishonorably discharged), all in accordance with applicable law or
any other status protected by law be excluded from participation in or be subjected to
discrimination in any program or activity funded in whole or in part by Federal funds.
c. The City Administrator and Mayor shall oversee civil rights compliance.
Section 6.2 Recruitment
It is the policy of the United City of Yorkville to afford equal employment opportunity in all
personnel practices to all qualified individuals without regard to race, color, religion, sex, sexual
orientation, age, national origin, physical or mental disability, ancestry, marital or civil union status, or
veteran status (except those dishonorably discharged), all in accordance with applicable law.
Section 6.3 Hiring Policy
Section 6.3.1 Applicability to other policies, regulations, and agreements
Whenever the provisions of this policy are in conflict with state or federal law or regulations, or
a collectively bargained agreement between the City and a certified bargaining unit, the provisions of the
collective-bargained agreement and/or governmental law or regulation will prevail.
Section 6.3.2 Approval to Recruit Personnel
In order to recruit personnel for a job opening, the Department Head must have an approved job
description and identified, approved funding in the annual operating budget. If both of these conditions
are met, recruitment may begin at the budget designated point for new positions, or immediately for
existing but vacant positions.
- 90 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
If the position is not approved with the adoption of the annual operating budget, the requesting
department must provide Human Resources with written justification as to the need, reasoning and
financing of the new position. This information will be forwarded to the City Administrator for review
and recommendation. The request will then be submitted for City Council consideration, with the City
Administrator’s recommendation attached.
If an approved job description does not exist, the requesting department must follow the Job
Description Creation Policy, as outlined in Section 6.5.
Section 6.3.3 Job Posting Process
For all job postings, an internal and external posting shall be completed. The following
procedures for both postings shall apply:
a.Internal: Applications and/or resumes must be submitted to Human Resources.
Human Resources will announce the position opening to all City personnel via
email and by posting notices on City Hall bulletin boards. City departments will
be responsible for posting the position announcement to their respective
departmental personnel to assess interest and qualifications of internal candidates.
Announcements for internal postings will be open for a minimum of five (5)
working days.
b.External: Position opening will be announced by Human Resources, and will be open
for a minimum of ten (10) working days. Applications and/or resumes must be
submitted to Human Resources. Posting will be made available on City Hall
bulletin boards and other means as Human Resources and the department heads
decide to generate the best pool of qualified candidates. Announcements shall
summarize the primary duties of the position, standards for consideration,
compensation, and application deadline.
c.For all hiring processes, no applications will be accepted after the closing date.
Section 6.3.4 Selection Process
Human Resources and the appropriate department head and/or supervisor will base the selection
on the requirements and qualifications established for the position and the relevant work experience,
technical knowledge, educational background, general aptitude, compatibility and personal and
professional references of the candidates.
Aside from the screening process, selection techniques may include oral interviews, reference
checks, written examinations, post-offer medical examinations, physical agility tests, post-offer
psychological evaluations, performance evaluations, assessment centers and other measures that are job
related and reliable as a predictor of performance.
Section 6.3.5 Job Offer
- 91 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Upon selection of a final candidate, a salary offer will be made within the approved salary range
for the position with review and approval by the City Administrator, except for salary offers made at the
minimum of a range, which do not require City Administrator approval. Acceptance of the offer shall
be documented via offer letter. All offer letters and acquisition of official employment status with the
City shall be contingent upon satisfactory completion of a background check and drug and alcohol test,
which shall be administered immediately after offer acceptance and completed prior to the starting date
of the employee and proof of eligibility to work in the United States.
Section 6.4 Job Description Creation
Section 6.4.1 New Positions
New job descriptions shall be reviewed and/or revised by Human Resources and reviewed and/or
revised and approved or denied by the City Administrator and Mayor. For all new positions, department
heads and supervisors are encouraged to contact Human Resources to assist in the first-draft of the job
description. New position job descriptions shall be drafted in a format approved by Human Resources.
The job descriptions shall be created with consideration for the position’s role in the organizational
hierarchy in the present and short-term and long-term future.
Section 6.4.2 Existing positions
All requests for amendments to an existing position’s job description shall be reviewed and/or
revised by Human Resources and reviewed and/or revised and approved or denied by the City
Administrator and Mayor. No job description amendment to an existing position shall result in a salary
range reclassification, as salary ranges are approved by City Council. Requests for amendments to job
descriptions that substantially alter the position’s roles and responsibilities, educational and experience
requirements, FLSA status, positions supervised, or positions supervised by may be treated as new
positions, and subject to Section 6.4.1.
Section 6.5 Personnel Records
Section 6.5.1 Maintenance of Records
Human Resources shall maintain personnel records of each employee containing the employee's
name, title, department, starting date, salary, change in employment status, training received,
disciplinary actions, or other such information as may be considered pertinent. Medical records shall be
filed separately from personnel records. Work/Salary histories will be maintained permanently.
Section 6.5.2 Confidentiality
All employee records shall be considered "CONFIDENTIAL" and shall not be released to
outside parties except where consistent with the Illinois Personnel Record Review Act, 820 ILCS
40/01.01 et. seq., or as authorized by the individual employee, or as required by legal process.
Section 6.5.2.1 Employee review of records
- 92 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
An employee may request to review his or her personnel file, pursuant to the limitations
set forth in the Illinois Personnel Record Review Act (820 ILCS 40/). The City shall grant
employees at least 2 inspection requests in a calendar year.
Section 6.5.3 Standardized forms
Personnel evaluation, job performance and employment records shall be standardized by Human
Resources, and will apply to all City personnel.
Section 6.5.4 Notification process for Employment Status Changes
With the promotion, demotion, or termination of employment of any employee, the appropriate
Department Head must file a written notice of said action with Human Resources, the Finance Director,
and the City Administrator, who will notify the Mayor.
Section 6.6 Probationary Period
A formalized six-month evaluation and probationary period are in effect for all newly hired and
promoted employees. The supervisor of the newly hired or promoted employee shall furnish a
performance evaluation report to their supervisor at the 90-day mark and at the end of the probationary
period. Serious evaluation shall be made as to the employee's work record, attendance, compatibility,
and any other aspect of job performance deemed necessary to insure the highest level of performance.
Upon a satisfactory performance evaluation, the employee’s probationary period shall be deemed
complete, and the employee shall attain unencumbered full-time or part-time status. Upon an
unsatisfactory performance evaluation, the employee may be transferred to a previous position or
terminated by the Department Head with the concurrence of the City Administrator.
- 93 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX A
ACKNOWLEDGEMENT OF RECEIPT OF
DRUG FREE WORKPLACE POLICY
AND AGREEMENT TO ABIDE BY POLICY
I, _______________________, hereby acknowledge that I have received a copy of the United
City of Yorkville’s (“City”) Drug Free Workplace Policy (“Policy”).
In conjunction with my receiving a copy of the Policy, I further acknowledge the following:
1.I have read the Policy and fully understand the terms contained therein and the
consequences for violating any term of the Policy.
2.I understand that my compliance with all terms of the Policy is a condition of my
employment with the City, and I agree to abide by all terms of the Policy.
3.As applicable, if a post-accident drug and/or alcohol test is required under this Policy and
I am seriously injured and unable to provide a specimen at the time of the accident, then
this Acknowledgement shall be considered my authorization for the City to obtain
hospital reports and other documents which would indicate whether there were any
controlled substances and/or alcohol in my system.
4.I authorize the collection site, laboratory and/or medical review officer retained by the
City to perform any and all functions which those entities and/or individuals may be
required to perform pursuant to this Policy or applicable regulations. Such authorization
shall include, but is not limited to, the release of test result information to the City,
verification of the use of prescribed medications, obtaining information from the
employee’s physician, hospital, dentist or pharmacist and the reporting of negative test
results with a qualifying statement in cases wherein an employee may be taking a legally
prescribed drug.
5.I hereby release and hold harmless the City and its employees and agents from any
liability whatsoever arising from the Policy.
6.The City reserves the right to amend or modify this Policy at any time.
___________________________________ _______________________
Employee’s Signature Date
- 94 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX B
DRUG FREE WORKPLACE
CONSENT TO TESTING
(CURRENT EMPLOYEE)
I, ________, acknowledge receiving written notice of the existence of the
United City of Yorkville (the “City”) Drug Free Workplace Policy (the "Policy").
As a condition of continued employment or service to the City, I understand and agree that I must not use,
buy, sell, accept as a gift, experiment with, traffic in or be otherwise involved with illicit or inappropriate
drugs or alcohol when it could affect the safe performance of my job. I understand that the Policy does not
apply to medication properly taken as prescribed by a licensed physician, except as provided by the Policy.
I further understand and agree that I may be required to submit to testing for the detection of prohibited
substances or alcohol based upon suspicion, following an on-the-job accident or injury, or following a
violation of this policy.
I understand, further, that refusal to submit to testing when requested to do so by a supervisor will result in
discipline up to and including termination.
My signature below indicates my understanding of this Policy and what is expected of me, my consent to
be tested and my authorization to release to any collection site personnel, medical review officer or City
representative the information necessary to comply with this Policy.
___________________________________ _______________________
Employee’s Signature Date
___________________________________ _______________________
Witness’ Signature Date
- 95 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX C
DRUG FREE WORKPLACE
POST-OFFER CONSENT TO TESTING
(APPLICANT)
I, ________________________________, understand and acknowledge the following:
After an offer of employment has been extended by the United City of Yorkville (“the City”), I must
undergo a drug screen designed to identify whether or not I use illegal drugs. This drug screen will be
administered by a clinic or lab selected by the City. All offers of employment with the United City of
Yorkville are contingent on a negative drug test.
Should a positive test result exist, my offer of employment will be automatically rescinded by the
City, unless I submit documentation supporting the legitimate use for a specific drug or the
specific drug that resulted in a positive determination. This documentation must be made either
prior to or within 24 hours after the positive drug result is communicated to me. If I test positive,
I may re-apply for employment with the City after a time period of twelve (12) months.
I also understand and agree that should I refuse to consent to a test or test positive for the use of an
illegal controlled substance, I will not commence work for the City and the job offer will be
automatically rescinded. My employment is expressly conditioned on the successful passage of the pre-
employment drug screen.
In recognition of the requirements of the Americans with Disabilities Act (ADA), the City will not
discriminate against any applicant who has successfully completed a drug or alcohol rehabilitation
program. However, the ADA does not prevent the City from refusing to hire any applicant who tests
positive for illicit drug use prior to employment.
I authorize the collection site, laboratory and/or medical review officer retained by the City to perform
any and all functions which those entities and/or individuals may be required to perform pursuant to this
Policy or applicable regulations. Such authorization shall include, but is not limited to, the release of
test result information to the City, verification of the use of prescribed medications, obtaining
information from the applicant’s physician, hospital, dentist or pharmacist and the reporting of negative
test results with a qualifying statement in cases wherein an applicant may be taking a legally prescribed
drug.
- 96 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
I understand and agree my employment with the City, if any,is for no definite period of time and
that the City may elect to discontinue my employment relationship for whatever reason it considers
proper and at any time. I, likewise, may leave the City for whatever reason I consider proper and at any
time.
I hereby release and hold harmless the United City of Yorkville and its employees and agents
from any liability whatsoever arising from this Policy.
___________________________________ _______________________
Applicant’s Signature Date
___________________________________ _______________________
Witness’ Signature Date
- 97 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX D
REQUEST FOR AUTHORIZATION OF OUTSIDE EMPLOYMENT
Employee Name: ____________________________________ Position: ___________________________
Department: ________________________________ Date of Request: __________________
PROPOSED OUTSIDE EMPLOYMENT
NAME OF FIRM/EMPLOYER:
ADDRESS:
PHONE NUMBER: ( )
WORK LOCATION(S):
PER WEEK:
TOTAL HOURS PROPOSED:
PER MONTH:
DAYS & HOURS OF WORK:
POSITION TITLE:
Briefly describe the type of business or service provided:
List tools, equipment, machines that you operate in performing the duties:
Describe working conditions and potential hazards of work:
The above statements are correct and accurate to the best of my knowledge. I believe the outside employment I am requesting
is not incompatible, inconsistent, and hostile to or in conflict with my City employment. I understand that should these
conditions change, I must immediately re-submit a request for authorization (should I wish to continue the outside
employment activity.) I will advise the City immediately if I become injured or ill as a result of the outside employment.
Employee’s Signature: ________________________________________________ Date: __________________________
TO BE COMPLETED BY THE SUPERVISOR/DEPARTMENT HEAD:
Your request has been reviewed and is approved.
Your request has been reviewed and is denied. The following is a brief explanation of the basis for this
decision:
- 98 -
Supervisor’s Signature: _________________________________________ Date:__________________________
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX E
WORKERS’ COMPENSATION
EMPLOYEE INJURY -
EMPLOYEE’S REPORT
9at[h99x{PERSONALINFORMATION
LASTNAME:FIRSTNAME:MIDDLEINITIAL:
STREETADDRESS:
CITY:STATE:ZIP:
HOMEPHONE:CELLPHONE:
JOBTITLE:HIREDATE:
SUPERVISOR:
INCIDENTINFORMATION
DATEOFINJURY:TIMEOFINJURY:DIDYOUIMMEDIATELYREPORT
INJURYTOSUPERVISOR?
IFYES,WHEN:(Date&Time):
IFYOUDIDNOTIMMEDIATELYREPORTYOURINJURYTOYOURSUPERVISOR,PLEASESTATEREASON:
LOCATIONWHEREINJURYOCCURRED:
DESCRIBEWHATHAPPENEDTOCAUSEYOURINJURY:
WHATISTHENATUREOFYOURINJURY?(specifically,whatpartsofyourbodyhavebeeninjured):
WITNESSES:____YES____NO
NAME:PHONE:
NAME:PHONE:
NAME:PHONE:
HAVEYOUPREVIOUSLYHADASIMILARINJURYAND/ORINJURYTOTHESAMEBODYPART(S)?PLEASEEXPLAIN.
ADDITIONALCOMMENTS:
9at[h99x{SIGNATURE:DATE:
{ t9wL{hwx{SIGNATURE:DATE:
HRa!b!D9wx{SIGNATURE:DATE:
- 99 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX F
WORKERS’ COMPENSATION
EMPLOYEE INJURY -
SUPERVISOR’S REPORT
NAMEOFMUNICIPALITY:DEPARTMENT:
United City of Yorkville
EXACTLOCATION:DATEOFTIME:DATEREPORTED:
OCCURANCE:
EMPLOYEENAME:JOBTITLE:
NATUREOFINJURY:
OBJECT/SUBSTANCEINFLICTINGINJURY:
DESCRIPTION
DESCRIBECLEARLYHOWTHEINCIDENTOCCURRED.
WITNESSES(Name&Phone#).
ANALYSIS
WHATACTS/FAILURETOACTAND/ORCONDITIONSCONTRIBUTEDMOSTDIRECTLYTOTHISINCIDENT?
WHATARETHEBASICORFUNDAMENTALREASONSFORTHEEXISTENCEOFTHESEACTSAND/ORCONDITIONS?
PREVENTION
WHATACTIONHASORWILLBETAKENTOPREVENTRECURRENCE?(Numberallitemsinsequence).
INVESTIGATEDBY:REVIEWEDBY:
DATE:DATE:
- 100 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX G
VEHICLE ACCIDENT REPORT
Lb{w /Lhb{t
1.Call911.Apolicereportisrequiredtosendtoinsurance.
2.Obtaininsuranceinformationfromotherdriver.
3.Completeasmuchofthisreportaspossibleatthescene.
4.Reporttheaccidenttoyoursupervisorimmediately,evenifthevehicledoesnotneedimmediaterepair.
DATEOFACCIDENT:TIME:
LOCATION:
OURINFORMATION
DRIVERSNAME:DEPARTMENT:
DRIVERSLICENSENUMBER:STATE:EXPIRATION:
VINOFCITYVEHICLE:PLATENUMBER:
YEAR:MAKE:MODEL:
DESCRIBEDAMAGETOVEHICLE:
THEIRINFORMATION
VEHICLEhb9wx{NAME:PHONENUMBER:
ADDRESS:
CITY:STATE:ZIP:
INSURANCECOMPANY:CITY/STATE:
POLICYNUMBER:
INSURANCEAGENT:PHONENUMBER:
PLATENUMBER:STATE:
YEAR:MAKE:MODEL:
5wL9wx{NAME:PHONENUMBER:
ADDRESS:
CITY:STATE:ZIP:
DRIVERSLICENSENUMBER:STATE:EXPIRATION:
DESCRIBEDAMAGETOVEHICLE:
- 101 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
ACCIDENTINFORMATION
EXPLAINWHATHAPPENED:
POLICEREPORTFILED?_____NO_____YESIF{9{|rREPORTNUMBER:
CITATIONSISSUED?_____NO_____YES
IF{9{|rEXPLAIN:
PERSONSINJURED
NAME:ADDRESS:PHONENUMBER:
NAME:ADDRESS:PHONENUMBER:
NAME:ADDRESS:PHONENUMBER:
WITNESSES
NAME:ADDRESS:PHONENUMBER:
NAME:ADDRESS:PHONENUMBER:
NAME:ADDRESS:PHONENUMBER:
9at[h99x{SIGNATURE:DATE:
{ t9wL{hwx{SIGNATURE:DATE:
- 102 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX H
SUPERVISOR’S VEHICHLE ACCIDENT
INVESTIGATION REPORT
NAMEOFMUNICIPALITY:DEPARTMENT:
United City of Yorkville
EXACTLOCATION:DATEOFTIME:DATEREPORTED:
OCCURANCE:
EMPLOYEENAME:JOBTITLE:
NATUREOFACCIDENT/DAMAGE:
OBJECT/SUBSTANCECAUSINGACCIDENT/DAMAGE::
DESCRIPTION
DESCRIBECLEARLYHOWTHEINCIDENTOCCURRED.
ANALYSIS
WHATACTS/FAILURETOACTAND/ORCONDITIONSCONTRIBUTEDMOSTDIRECTLYTOTHISINCIDENT?
WHATARETHEBASICORFUNDAMENTALREASONSFORTHEEXISTENCEOFTHESEACTSAND/ORCONDITIONS?
PREVENTION
WHATACTIONHASORWILLBETAKENTOPREVENTRECURRENCE?(Numberallitemsinsequence).
INVESTIGATEDBY:REVIEWEDBY:
DATE:DATE:
- 103 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX I
OFF-PREMISES TRAINING
HOURS WORKED AGREEMENT
Name of Employee: ____________________________________________________________
Name of Training Program: _____________________________________________________
Program Sponsored by: _________________________________________________________
Date(s) of Training: ____________________________________________________________
Location of Training: ___________________________________________________________
______________________________________________________________________________
Employees will be compensated at their regular rate of pay for the following activities:
1.Classroom hours.
2.Travel time for training or courses outside the Chicago Metropolitan Area:
a.As a driver.
b.As a passenger if the trip is all on one day.
c.As a passenger if the trip is overnight for travel during normal work hours.
Hours of work authorized: ______________________ ______
(Employee’s initials)
______ (Department Head’s initials)
Employee acknowledgement: I have read this agreement, understand its contents and agree to
comply with its stipulations.
___________________________________________ ______________________________
Employee Signature Date
___________________________________________ ______________________________
Department Head Signature Date
Return completed agreement to Human Resources.
- 104 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX J
TIME OFF REQUEST FORM
DATE: ________________________________________________________
EMPLOYEE: ___________________________________________________
DEPARTMENT: ________________________________________________
I would like to request the following time off:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Vacation
Floating Holiday
Comp-Time
Sick Time
Bereavement
Authorized Approval: ____________________________________________
Date: __________________________________________________________
- 105 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX K
FAMILY MEDICAL LEAVE ACT (FMLA)
FORMS
K-1: Notification to Employer of Need for Family Medical Leave
K-2: Certification of Health Care Provider for Employee’s Serious Health Condition
K-3: Certification of Health Care Provider for Family Member’s Serious Health Condition
- 106 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Appendix K-1
NOTIFICATION TO EMPLOYER OF
NEED FOR FAMILY MEDICAL LEAVE
Return this form to Human Resources upon completion. Receipt of a Certification of Health Care
Provider is required prior to approval of leave.
EMPLOYEE: __________________________________________________________________
DEPARTMENT: _______________________________________________________________
DATES OF LEAVE: ____________________ to ____________________
start end
REASON FOR LEAVE:
_____ the birth and care of the newborn child of the employee
_____ for placement with the employee of a son or daughter for adoption or foster care
_____ to care for an immediate family member (spouse, child, or parent) with a serious
health condition
_____ to take medical leave when the employee is unable to work because of a serious
health condition
_____ for a qualified emergency arising from a family member’s active military duty
LEAVE IS EXPECTED TO BE:
_____ Continuous
_____ Intermittent: _______________________________________________________
_____ Reduced Schedule: __________________________________________________
__________________________________________ ______________________________
Employee Signature Date
- 107 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Appendix K-2
- 108 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
- 109 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
- 110 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
- 111 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
Appendix K-3
- 112 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
- 113 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
- 114 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
- 115 -
UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
APPENDIX L
EMPLOYMENT REFERENCE
RELEASE FORM
I acknowledge that I have been informed that it is the United City of Yorkville’s general policy to
disclose in response to a prospective employer's request only the following information about current or
former employees: (1) the dates of employment, (2) descriptions of the jobs performed, and (3) salary
or wage rates.
By signing this release, I am voluntarily requesting that the United City of Yorkville (hereafter, “the
City”) depart from this general policy in responding to reference requests from any prospective
employer that may be considering me for employment. I authorize the City to disclose to such
prospective employers any employment-related information that the City, in its sole discretion and
judgment, may determine is appropriate to disclose, including any personal comments, evaluations, or
assessments that the City may have about my performance or behavior as an employee.
In exchange for the City’s agreement to depart from its general policy and to disclose additional
employment-related information pursuant to my request, I agree to release and discharge the United City
of Yorkville and it’s successors, employees, officers, and directors for all claims, liabilities, and causes
of action, know or unknown, fixed or contingent, that arise from or that are in any manner connected to
the City’s disclosure of employment-related information to prospective employers. This release
includes, but is not limited to, claims of defamation, libel, slander, negligence, or interference with
contract or profession.
I acknowledge that I have carefully read and fully understand the provisions of this release. I further
acknowledge that I was given the opportunity to consult with an attorney or any other individual of my
choosing before signing this release and that I have decided to sign this release voluntarily and without
coercion or duress by any person.
This release sets forth the entire agreement between the United City of Yorkville and me, and I
acknowledge that I have not relied upon any representation or statement, written or oral, not set forth in
this document.
Signed: ________________________________________ Date: _________________________
- 116 -