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Administration Packet 2011 11-17-11 so Cl Jz O United City of Yorkville 800 Game Farm Road EST. -` _ 1836 Yorkville, Illinois 60560 .4 `i z Telephone: 630-553-4350 0� a �O Fax: 630-553-7575 Kwitli Cauhy ` <LE AGENDA ADMINISTRATION COMMITTEE MEETING Thursday, November 17, 2011 7:00 p.m. Revised: 11/15/11 City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: October 20, 2011 New Business: 1. ADM 2011-62 Monthly Budget Report for October 2011 2. ADM 2011-63 Monthly Treasurer's Report for October 2011 3. ADM 2011-64 Cash Statement for September 2011 4. ADM 2011-65 Resolution Authorizing the Closing of a Flexible Spending Account with Castle Bank 5. ADM 2011-66 Audit RFP 6. ADM 2011-67 Levy Year 2011 Special Tax Requirements & Special Tax Abatements for SSAs a. Raintree Village SSA 2003-100 Abatement Ordinance b. Windett Ridge SSA 2003-101 Abatement Ordinance c. Central Grande Reserve SSA 2004-104 Abatement Ordinance d. Raintree Village 11 SSA 2004-107 Abatement Ordinance e. Bristol Bay SSA 2005-109 Abatement Ordinance f. Total Grande Reserve SSA 2004-106 Abatement Ordinance g. Autumn Creek SSA 2005-108 Abatement Ordinance 7. ADM 2011-68 City IT Equipment— Contingency Authorization Old Business: 1. ADM 2011-40 Employee Manual Revision 2. ADM 2011-43 City Services Survey 3. ADM 2011-41 Redistricting— Ward Maps 4. PW 2011-39 Residential Solid Waste Franchise Agreement 5. ADM 2011-36 Library Impact Fee Ordinance Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ADMINISTRATION COMMITTEE Thursday, November 17, 2011 6:00 PM City Hall Conference Room --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. October 20, 2011 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2011-62 Monthly Budget Report for October 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-63 Monthly Treasurer's Report for October 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-64 Cash Statement for September 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2011-65 Resolution Authorizing the Closing of a Flexible Spending Account with Castle Bank ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2011-66 Audit RFP ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2011-67 Levy Year 2011 Special Tax Requirements & Special Tax Abatements for SSAs a. Raintree Village SSA 2003-100 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N b. Windett Ridge SSA 2003-101 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N c. Central Grande Reserve SSA 2004-104 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N d. Raintree Village II SSA 2004-107 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N e. Bristol Bay SSA 2005-109 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N f. Total Grande Reserve SSA 2004-106 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N g. Autumn Creek SSA 2005-108 Abatement Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2011-68 City IT Equipment—Contingency Authorization ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2011-40 Employee Manual Revision ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-43 City Services Survey ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-41 Redistricting—Ward Maps ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2011-39 Residential Solid Waste Franchise Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2011-36 Library Impact Fee Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- D C/Ty Reviewed By: Agenda Item Number 0-n Legal ❑ Minutes EST Z� 1836 Finance ❑ `-- Engineer ❑ Tracking Number a to City Administrator El Public Works ❑ < ❑ <E Agenda Item Summary Memo Title: Minutes of the Administration Committee—October 20, 2011 Meeting and Date: Administration Committee 11/17/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE ADMINISTRATION COMMITTEE MEETING Thursday, October 20, 2011 City Hall Conference Room COMMITTEE MEMBERS IN ATTENDANCE: Chairman Rose Spears Alderman Carlo Colosimo Alderman George Gilson Alderman Marty Munns, arrived at 6:30 p.m. OTHER CITY OFFICIALS IN ATTENDANCE: Mayor Gary Golinski Treasurer Bill Powell City Administrator, Bart Olson The meeting was called to order at 6:00 p.m. by Chairman Rose Spears. Citizens Comments: None. Minutes for Approval: Minutes from the September 15, 2011 meeting were approved. New Business: 1. ADM 2011-45 Monthly Budget report for September 2011 - Alderman Spears stated that for this report we should be at 42%. Alderman Gilson asked about the police expenditures and stated those numbers seem high. Bart Olson stated that it is not going to go over. budget. Administrator Olson stated there is another part-time being hired. Overtime is high, which is a result of call history and accidents, so it is forecast to go over. Hopefully, things will slow down with colder weather. Alderman Colosimo asked what falls under professional services. Administrator Olson stated that includes yearly contracts, minutes takers, Shred-it, anything with a contract. Administrator Olson stated it should not go over budget. Alderman Colosimo asked about the motor fuel tax expenditures it was budgeted $150,000 for Game Farm Road. It shows year to date we are at $34,600, is that what we spent? Administrator Olson stated it is what we spent. Alderman Colosimo asked if budgeted for it, do we have a projection for the land acquisition. If there is left over, if there a way to add more to fix Game Farm. Administrator Olson stated it probably won't happen. Administrator Olson said whatever is not spent, will roll over to the next year. Alderman Gilson asked about the inspections. Administrator Olson stated that it will go over because we were outsourcing everything for a few weeks with the changing positions. Administrator Olson stated it will be a few thousand over. He stated that we are anticipating a contractual approval with two plumbing inspectors during week nights and weekends, which will be cheaper than what the city was paying BNR 1 Alderman Gilson asked about Public Works capital expenditures. Administrator Olson said there is a monthly debt service payment for the building. The permits have been coming in a bit better than anticipated, but it is not enough to meet the debt services payments going out. The year to date payment in principal and interest we have paid on Public Works is more and we anticipate deficit spending out of that budget for the next few years until permits pick back up. Alderman Gilson asked about the professional services at 84% and rental and lease purchase at 80- 90%. Administrator Olson stated the city rented a bulldozer. Alderman Gilson stated that should have come out of land cash for parks. Administrator Olson stated that is correct and he will get that moved. Administrator Olson stated that he will have Rob Frederickson run a report of all professional services, so that the Alderman can see in detail where the money is going. Alderman Spears asked about Parks and Rec sale of fixed assets. Administrator Olson stated that was the sale of some mowers. Alderman Gilson asked about Parks and REC capital expenditures and why the annual budget is at a deficit of 120. Administrator Olson stated that two years ago Lenar came to the City and stated there is grading to do on a park they were working on and to met city standards there were things in parks that had to be done. At that time, Lenar came to the city and said rather than do this work ourselves, we will give you cash and the city can complete it. We used the developers money to do work and actually saved money. Alderman Gilson then asked why there is still a deficit. Administrator Olson stated it is because it is in a different year, which you don't see on the budget report. Alderman Gilson asked about CY Capital Expenditures why there is a deficit. Administrator Olson stated that is the Clark Property payment they City takes 1/12 of the yearly amount and transfer each month, so until the end of the year, that number is a negative. If we don't spend any money, then it will catch up and start to run a surplus until we spend the safe routes to school money. Alderman Spears asked how much we owe on the Clark property. Administrator Olson stated that it is now paid for. Alderman Gilson asked about the REC Center expenses. Alderman Gilson asked if the amount was more than we originally budgeted. Administrator Olson stated that 80,000 was the approved amount. Administrator Olson stated it is between 50,000 and 80,000, hopefully,better. Alderman Gilson asked how the property tax amount was so far off. Administrator Olson was our own fault because almost the entire increase was related to the city. The school district we didn't anticipate their increase on their taxes. The end result of how much we pay depends on where others evaluations are. The business owner didn't appeal the property tax issue. Administrator Olson said the library board is on the right track now and a lot of different issues there have been corrected. Alderman Gilson asked who is monitoring them. Administrator Olson stated that he and Rob Frederickson are. Alderman Colosimo stated that the gasoline budget is already at 93% in the REC Center budget. Alderman Colosimo stated that we need to plan and budget better in the future on these items. 2. ADM 2011 - 52 Monthly Treasurer's Report for September 2011 - Treasurer Powell stated that the beginning fund balance is $6,172,614 with revenues coming in at 2 $3,324,816. Expenses at $1,605,754 for a year end balance $11,440,619,which is right at 40%. Treasurer Powell stated that the motor fuel tax is only at 7%. He asked if that was holding back for Game Farm Road or Route 47. Administrator Olson stated the big expense for the budget year is for construction of the old jail parking lot, which won't happen this year, which is have of the budget amount for expenses. He stated that salt has not been used yet. 3. ADM 2011 - 53 Cash Statement for August 2011 -Administrator Olson stated that this is an information item that Rob Frederickson puts out. 4. ADM 2011 - 54 Annual Treasurer's Report- Treasurer Powell stated it is a standard report that is done every year. It lists everything that is over$2,500. Administrator Olson stated that is something that the state requires and does have to be approved by City Council. The committee agreed to put this item on consent. 5. ADM 2011 - 55 Comp Time Report-Administrator Olson stated this is an informational item that the committee has asked for. It shows how many hours each employee has outstanding in their comp time. It also shows the cost associated with that under their current hourly wages. Under your current employee manual you have a 30 day notice that it can be cashed out. Administrator Olson stated that we should probably budget for a comp pay out at the old rate. Then the city will not incur any additional cost. This is something that if someone leaves employment, we are forced to cash it out. Alderman Spears asked if we wanted to limit how much they can carry over, how do we go about that. Administrator Olson stated that half of the employees are unionized. For the non-union employees you can change it higher or lower. If you lower it, you will pay more in overtime costs,but then if you give a raise, you don't have worry about accruing more money. As long as you have time in there you can cash it out when you want, it is a better budgetary impact. Alderman Colosimo asked if we wanted to buy out the comp time it would be $3,000. Administrator Olson stated that is correct and it would be paid out in individual salary line items for all departments. It would not be a hit to any one department. Administrator Olson said that some would prefer to do that,but have been respectful of the city budget. Administrator Olson stated that we will run a surplus this year. Alderman Colosimo stated that if we are considering it,he would like to do it before Christmas. He stated that it is a good time a year to do it instead of waiting until January. Administrator Olson said that he would run it by the other alderman to make sure they are okay with it. Alderman Gilson stated that he feels that there are other priorities we could put that surplus toward. Alderman Colosimo said there are not going to be raises any time soon and he would like to keep the employees happy. Alderman Colosimo said that it would be an option. Administrator Olson said that would be his recommendation to give them an option. Mayor Golinski stated that he would want to keep is comp time. Alderman Colosimo said he thinks that it should be offered as an option. Alderman Gilson asked in the past what is the percentage of people that did it. Administrator Olson stated that since he had been there, they haven't done it. Alderman Colosimo stated that he thinks that we should do it and those that have been respectful, have that option and a nice gesture. Alderman Colosimo asked if we can make people cash out the time if we give raises. Administrator Olson stated yes. 6. ADM 2011 - 56 Tax Levy Estimate- Administrator Olson stated that we do this every year it is the start of the tax levy process. The first step is to pick a number that we publish in a public notice so citizens can come and comment at a public hearing. That is the amount that we work backwards from 3 in the actual tax levy ordinance. Administrator Olson stated that once the motion is voted on in city council, that is the number we cannot go beyond. The way the tax cap works each year, we take the number that we can get under the law and add 100,000 to it. The past few years, we levied the max amount. The dollar amount we are suggesting is $3,626,000, which included a$100,000 margin of error. It has nothing to do with bonds or debts it is strictly for police,public works, crossing guards, garbage, library operations etc. Administrator Olson said that our police pension fund stated that we have not hit our dollar amount the past few years., by 2016 the dollar amount will be$650,000 per year. Last year we levied $361,000. Treasurer Powell stated the levy was up around $500,000 the approved amount was $365,000. Administrator Olson stated that last year we collected more property taxes than we thought because we overestimated the amount of non-payment. Administrator Olson stated that we are going to meet the general fund budget number, so he suggested that we catch up with police pension now. Treasurer Powell stated that there is a new law about funding of police pensions. He said that it states that by the year 2016 it has to be fully funded. If it is not, the difference of what we don't have, 1/3 will come out of sales tax, 2017, 2/3, 2018 the full amount. Administrator Olson stated that means the full contribution needs to be made. The library asked for$25,000. The alderman asked what that money is for. Administrator Olson stated that they have run a deficit the past few years. Alderman Gilson stated that they should budget better. Administrator Olson stated that we have budgeted$25,000 for the library for the next few years, that is up to city council. Alderman Munns asked why we are giving the library money. Alderman Gilson stated they need to stay within budget. Administrator Olson stated that was a policy put into place by a previous administration. There was discussion by committee how the levy works and the tax cap about the library. Alderman Gilson suggested that we need to change this now. Alderman Colosimo stated that this comes down to how good of a relationship do we want with the library board. He stated that we have regained some of their trust. Alderman Colosimo stated that we can take that$25,000 away. Alderman Munns stated that everyone else has cut expense. Alderman Gilson stated that there are so many more important needs that the community has. Administrator Olson recommended that if the council wants to do that, do it next year. Several charts were discussed with bond debt. Administrator Olson said there will be a property tax reduction of 30%. Administrator Olson stated that the city is asking for 9%more than last year. Alderman Gilson asked if we don't take the full cap, are we putting ourselves in jeopardy. Administrator Olson stated that yes he believes that we are. He stated that the way the cap works, if you don't levy the maximum amount under the law you lose that. He stated that cities that are more established it is difficult to keep up with growth if we do not levy the full amount. Alderman Gilson stated then our taxes just keep growing. Alderman Gilson said that our taxes are already to high and I will not vote for any increase. Alderman Gilson stated that we pay more taxes each year with our community at a standstill. Alderman Colosimo asked what amount should we take. Alderman Gilson said his number is no increases. Alderman Colosimo asked if we stayed at last year's rate what would we lose. Administrator Olson said the city would lose$200,000. Alderman Gilson stated then we have to budget better and cut things so that we can pay the police pensions. Administrator Olson stated that there are so many roads, bridges and major services, health insurance numbers go up, so it costs more each year. Alderman 4 Munns asked about unemployment insurance. Administrator Olson stated we laid off a lot of people. Alderman Colosimo stated that the lower number would be nice,but then how do we fix the roads and do what the community wants. Administrator Olson stated that we have the lowest property tax rate in Kendall County other than Millbrook and Lisbon. Alderman Gilson asked where we are at paying the debt down. Administrator Olson stated that it will be worse for a bit because of the refinance. Alderman Gilson stated that everyone needs to stop taking the max caps and we need to begin to live within our means. Administrator Olson stated that we are still considered a growth area, that is what you do until you become home rule and then create other taxes and spread it to others that don't live in the community. Alderman Colosimo said that we have a negative fund balance that we need to get into the black and if that means we take the max and clean this up and fix the roads, we need money. Alderman Gilson stated that at some point spending has to be reduced. Alderman Munns stated that he would like to see the city stop taking the max. Administrator Olson stated that in 20 years the taxes will go down, as we get large businesses and infrastructure to pay more of the taxes. Alderman Gilson stated, or until we shrink the size of what the city offers. Alderman Colosimo stated that we have debt to pay off and we have to be responsible. Alderman Colosimo said that basic services are not being met, we need more police. Alderman Munns stated that police and streets are the most important things. Administrator Olson said that we need a recommendation from the committee to set the amount. The committee agreed that the amount can be published. 7. ADM 2011 - 57 Fox industrial TIF- Surplus and Termination-Administrator Olson said that the only expense we still have is for two entrance signs at the business park. 8. PW 2011 -57 Minimum Fines for Ordinance Violations - The committee discussed a table that was made showing different minimum fines. Administrator Olson said that there would be a minimum fine amount of$75.00. The Committee discussed looking at each ordinance violation and setting minimum fines for each offense. Alderman Colosimo stated that other communities have a lot steeper fines for weeds. The alderman were in agreement to keep all ordinance violations at a minimum of $50.00 and separate the weeds and make that fine minimum of$100.00. Administrator Olson suggested having public safety look over the fines, if the committee wanted to change different ordinances. The committee agreed to forward this item to public safety. 9. ADM 2011 -58 Human Resources Commission Discussion - Mayor Golinski said this is a situation where there has been several resignations and a chairperson resign. The Mayor stated he doesn't have any new applicants to appoint. Mayor Golinski stated that this is an opportunity to shrink government . Mayor asked about dissolving HRC and the alderman all agreed to do so. Alderman Colosimo asked if we have any vacancies on other committees. Mayor Golinski stated no. Alderman Colosimo stated that if there are openings to let the Human Resources personnel know. 10. ADM 2011 - 59 Administration Committee Meeting Schedule for 2012 -Alderman agreed that the schedule is good. 11. ADM 2011 - 60 Resolution Regarding Access to the City Clerk's Safety Deposit Box - Administrator Olson stated that in previous city ordinances the city listed specific names, so we removed the names and that way as people change offices, you don't have to pass a new ordinance. The 5 City Clerk and Deputy Clerk have access to this. Alderman agreed to consent. 12. ADM 2011 - 61 Leaf Burning in Unincorporated Areas -Alderman Spears stated that the past several years there are a lot of complaints from residents that live across from people that live in county boundaries and burn. Alderman Spears suggested to approach the county and make a suggestion that if they are within a mile and a half of city limits, they cannot burn. The Alderman discussed this topic and stated that it doesn't hurt to ask the county to change this ordinance. Administrator Olson stated that at the next meeting he will draft a letter and go to a county board meeting and give some examples to them of why this is hazardous to health. Old Business: 1. ADM 2011-49 Residential Electric Consolidation -Administrator Olson handed out different informational packets on this topic. Administrator Olson talked about going out to bid and purchase electric supply from other companies and reduce the overall price of electric service. Administrator said there is a contract to sign and termination fees if you back out. If municipalities ban together there is a 30% savings. Administrator Olson used the Grays Lake example of how to set this up. He stated that the more cities you can get involved the more is saved. Administrator Olson stated that the city will probably do this through a broker. The broker will do a lot of the work for the city. This goes to referendum first, give people the chance to opt out and it will be a price set for a certain time. There is a cost associated with a broker, which gets rolled into the entire bid price. This process is about a six to eight month process after March before you see lower prices on electric bills. This is possible because Corned locked in costs years ago,but their bid is up in 2013. Alderman Gilson asked the percentage of the total savings for the consumer.Administrator Olson stated that the overall savings for consumer will be around 15%. The Alderman all agreed that they are okay with taking this item forward to get it onto a referendum. Alderman Gilson asked that this item be put on consent. 2. ADM 2011-50 Downtown TIF Budget Amendment-Administrator Olson said this is a budget amendment in the downtown TIF. He stated that we found we are spending a bit of time negotiating TIF projects for the future. All those costs including legal time can be billed out of TIF, so we need a line item that is created that allows us to code that out of there. This can also be used on buildings that the city already owns. The alderman all agreed to put this item on consent. 3. ADM 2011-43 City Services Survey-Administrator Olson stated that he does not have that survey to pass out today. He stated that he will make the changes and bring it back for next month. 4. ADM 2011-24 Procedural Ordinance -Administrator Olson said that he read the meeting minutes from last month and he changed the different sections of code per your comments. He said there was not any changes made. Administrator Olson said that he can put this into an ordinance for the next City Council Meeting. Alderman Gilson stated that he doesn't think the Mayor should have all the power to select vice chair and chair and to select members. He stated that he thinks it should be a majority vote, since we are all voted in by the public and it is better for our residents. Alderman Gilson stated that he doesn't like too much power for any one person. Alderman Munns stated that could also happen with several alderman too, if they ban together. Alderman Gilson stated that it is just a suggestion. Alderman Colosimo stated 6 that it is privilege of his office and it is a fringe benefit of being Mayor. Alderman Colosimo said he thinks that it will be more difficult for us in the long run. Alderman Gilson stated that the county does it that way and it works. The committee pointed out that it takes them a lot of voting to accomplish things. Mayor Golinski stated that he thinks that it would be a mess with eight alderman trying to appoint. The committee agreed Administrator Olson can go ahead and take this item to City Council. The committee agreed to put this item on consent. 5. ADM 2011-41 Redistricting -Ward Maps -Administrator Olson stated that this item will also be moved to next month. Alderman Munns asked if things were already discussed as to how to make these changes. Administrator Olson stated that things will be similar to they are now,just clean it up and make it a bit more simple. 6. PW 2011-39 Residential Solid Waste Franchise Agreement-Administrator Olson stated that the one change from the document in the packet is the page with the city facilities, which would be added. Also, in case we sold a building and decided to do satellite offices, we still have waste services. He stated that it is the same the only change is the bid package. Administrator Olson said there are two programs we are bidding for current unlimited and the second is unlimited with the city getting revenue from recyclables. Administrator Olson stated that it might make that cost higher, someone could bid lower. In general, the program has not changed. Alderman Colosimo asked about the fee for the 65 gallon container. If you want the 96 you pay more. He stated he would like to see a discount for the 33 gallon size. He stated there is not an incentive to use less garbage. The committee agreed on the discount for a smaller can. Administrator Olson stated that if we are going to do the three options, we have to draft out a time line and when people can opt in and out of the contract. Administrator Olson stated that this will be brought back again next month. Additional Business: Mayor Golinski asked about getting a representative for Kencom. Alderman Spears stated that she will still be the representative. Alderman Spears stated that the committee meeting date in November is the same as Kencom. Different dates were discussed. The committee meeting will stay on November 17th and they will move the time back one hour so that Alderman Spears can attend the Kencom meeting. There was no further business and the meeting was adjourned at 8:30 p.m. Minutes Respectfully submitted by: Lisa Godwin 7 ♦,��0 C/Tr Reviewed By: Agenda Item Number a O J 4 r V\ Legal ❑ NB #1 EST Z l 1836 Finance ■ � Engineer ❑ Tracking Number O� City Administrator ■ —11C a` ® Consultant ❑ ADM 2011-62 `t.E �. ❑ Agenda Item Summary Memo Title: Budget Report for October 2011 Meeting and Date: Administration Committee 11/17/11 Synopsis: October budget report and income statement. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTUALS BS',MONT11(Cash liana) i.yl 1"'t� 51!".. '!' sr-fa-Clttfc .►1v'Vll,t.l_ ACCOUNT NUMBER DESCRIYTICiI�1 Mfiv.]1 .7nnr11 Nlv-1 l August-]9 September-11 Cktuhrs-1 l FOfals 13L E7(;1 7" ".+;,of Budget GENERAL FUND REVENUES 01-000-40-00-4000 PROPERTY TAXES-CORPORATE LEVY 366,362 754,059 28,630 281,365 743,499 66.066 2,239,980 2,290.964 97.77% 01-000-40-00-4010 PROPERTY TAXES-POLICE-PENSION 57,847 119,062 4,521 44,426 117,395 10,431 353,682 375,000 94.32% 01-000-40-00-4012 PROPERTY TAXES-FOX INDUSTRIAL - - - - - - - - 0.00% 01-000-40-00-4030 MUNICIPAL SALES TAX 169,093 210,574 209,931 225,479 247,713 227,536 1,290,325 2,550,000 50.60% 01-000-40-00-4040 ELECTRIC UTILITY TAX - 136,433 - - 141,597 - 278,030 591,600 47.00% 01-000-40-00-4041 NATURAL GAS UTILITY TAX - 102,673 - - 37,606 - 140,279 290,700 48.26% 01-000-40-00-4043 TELECOMMUNICATIONS TAX 39,597 40,525 44,672 41,132 41,314 41,029 248,269 535,500 46.36% 01-000-40-00-4044 TELEPHONE UTILITY TAX 3,303 - 1,626 1,607 1,588 3,117 11,240 - 0.00% 01-000-40-00-4045 CABLE FRANCHISE FEES 56,358 - - 57,242 - - 1 13,600 204,000 55.69% 01-000-40-00-4050 HOTEL TAX 2,934 4,014 6,018 5,900 5,018 6,542 30,426 30,600 99.43% 01-000-40-00-4060 AMUSEMENT TAX 181 252 780 90,372 624 162 92,370 134,000 68.93% 01-000-40-00-4065 ADMISSIONS TAX - - - - - - - 190,000 0.00% 01-000-40-00-4070 BUSINESS DISTRICT TAX 18,453 25,565 23,787 24,471 27,616 23,037 142,929 300,000 47.64% 01-000-40-00-4075 AUTO RENTAL TAX 687 909 800 651 772 807 4,626 7,140 64.79% 01-00040-00-4080 PARA-MUTUEL TAX 2,733 3,793 - 1,811 4,447 1,706 14,490 15,000 96.60% 01-000-41-00-4100 STATE INCOME TAX - 142,890 193,873 156,645 101,008 - 594,417 1,340,000 44.36% 01-00041-00-4105 LOCAL USE TAX 19,635 21,844 20,408 19,884 21,970 17,584 121,325 210,000 57.77% 01-000-41-00-4110 ROAD&BRIDGE TAX 28,104 54,613 2,193 22,098 52,838 4,128 163,974 164,296 99.80% 01-00041-00-4120 PERSONAL PROPERTY REPL TAX 3,033 - 2,114 529 - 3,530 9,206 13,000 70.81% 01-000-41-00-4160 FEDERAL GRANTS 176 - - 5,447 - - 5,623 9,200 61.12% 01-000-41-00-4170 STATE GRANTS 3,876 - 1,650 - 5,526 - 0.00% 01-000-41-00-4182 MISC INTERGOVERNMENTAL - - - - - - 2,000 0.00% 01-000-42-00-4200 LIQUOR LICENSE 1,010 938 1,325 245 - 50 3,568 40,000 8.92% 01-000-42-00-4205 OTHER LICENSES&PERMITS 623 194 269 10 269 2,775 4,139 3,000 137.97% 01-000-42-00-4210 BUILDING PERMITS 21,392 9,173 12,816 9,503 36,108 13,637 102,630 122,400 83.85% 01-000-42-00-4220 FILING FEES - - - - - - - 250 0.00% 01-000-43-00-4310 TRAFFIC FINES 14,457 6,470 4,875 5,495 5,427 6,953 43,676 95,000 45.98% 01-000-43-00-4320 ADMINISTRATIVE ADJUDICATION 1,816 1,791 1,625 2,445 1,870 1,888 11,435 30,000 38.12% 01-00043-00-4325 POLICE TOWS 8,000 7,500 5,000 5,500 5,500 9,000 40,500 90,000 45.00% 01-00044-00-4400 GARBAGE SURCHARGE 124 203,755 98 205,203 191 205,290 614,661 1,175,000 52.31% 01-000-44-00-4405 COLLECTION FEE-YBSD - - - - - - - 123,932 0.00% 01-00044-00-4412 SERVICE CHARGE-LIBRARY - - - - 0.00% 01-000-44-00-4414 OTHER SERVICES - - - - - - 0.00% 01-000-44-00-4474 POLICE SPECIAL DETAIL - 350 - - - 350 5,000 7.00% 01-000-45-00-4500 INVESTMENT EARNINGS 3 89 301 310 384 553 1,641 2,000 82.04% 01-000-46-00-4601 REIMB-LEGAL EXPENSES 6,032 1,043 1,140 1,090 8,976 2,672 20,953 12,000 174.61% 01-000-46-00-4604 REIMB-ENGINEERING EXPENSES 5,488 5,488 - 0.00% 01-000-46-00-4650 REIMB-TRAFFIC SIGNAL - - - - - - 15.000 0,00% 01-00046-00-4668 REIMB-COBRA CONTRIBUTIONS - 2,362 3,934 - 2,200 2,200 10,696 20.000 53.48''n 01-000-46-00-4669 REIMB-RETIREE CONTRIBUTION 3,475 4,429 4,428 4,428 5,380 2,942 25,081 50.000 50.16% 01-000-46-00-4670 REIMB-EMP INS CONTRIBUTIONS 8,166 8,023 7,408 1 7,498 7,379 8,368 46,840 190.000 24,65% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 .1CTUALS 111"\IU'VTII(Cihb HAVI l ,.nj r l.if.Yil le`eN ,ti•,.n I�.� i",. C25,11, I9� ANMAL f-colTNTSN ft$Ep uDV;a i�ui tQli _. a av-atr. m�s-l1 hoi d u .1 11 lNfwwa*eflil1 October-dl J Tetaby OUMFJ 01-000-46-00-4671 REIMB-LIFE INSURANCE 325 320 280 270 270 311 1,778 4,800 37.04% 01-000-46-00-4672 REIMB-LIBRARY INSURANCE 7,657 7,228 7,934 - 15,868 7,934 46,620 - 0.00% 01-000-46-00-4680 REIMB-LIABILITY INSURANCE - 706 22,083 508 - 1,818 25,115 5,000 502.30% 01-000-46-00-4681 REIMB-WORKERS COMP 18,853 - - - - 18,853 - 0.00% 01-00046-00-4685 REIMB-CABLE CONSORTIUM 19,505 - - - - 19,039 38,544 40,000 96.36% 01-000-46-00-4690 REIMB-MISCELLANEOUS 416 703 296 454 122,605 126,427 4,000 3160.67% 01-000-48-00-4820 RENTAL INCOME 1,100 545 630 970 545 4,445 9,000 49.39% 01-000-48-00-4845 DONATIONS 50 - - - - 50 2,000 2.50% 01-000-48-00-4850 MISCELLANEOUS INCOME - - (13) - 16 1,696 5,000 33.91% 01-000-49-00-4951 TRANSFER FROM WATER 7,655 7,655 7,655 7,655 7,655 45,932 91,863 50.00% 01-000-49-00-4952 TRANSFER FROM SEWER 6,920 6,920 6,920 6,920 6,920 41,523 83,045 50.00% 01-000-49-00-4972 TRANSFER FROM LAND CASH 1,674 1,674 1,674 674 1,674 1,674 10,042 20,084 50.00% 01-000-49-00-4984 ITRANSFER FROM LIBRARY DVLP - - - - I - 328,644. 328,644 332,500 98.84% TOTAL REVENUES:GENERAL FUND 901,625 1,889,075 630 030 1,243,761 1 652 500 1 164 652 7,481,643 11 823 874 63.28% ADMINISTRATION EXPENDITURES 01-110-50-00-5001 SALARIES-MAYOR 860 925 860 825 825 860 5,155 11,000 46.86% 01-110-50-00-5002 SALARIES-LIQUOR COMM 83 83 83 83 83 83 500 1,000 50.00% 01-110-50-00-5003 SALARIES-CITY CLERK 777 742 642 742 642 642 4,185 9,000 46.50% 01-110-50-00-5004 SALARIES-CITY TREASURER 500 500 400 500 500 500 2,900 6,500 44.62% 01-110-50-00-5005 SALARIES-ALDERMAN 4,175 4,200 4,145 4,000 3,900 4,280 24,700 50,320 49.09% 01-110-50-00-5010 SALARIES-ADMINISTRATION 14,330 14,537 18,100 18,100 27,149 18,099 110,315 195,000 56.57% 01-110-50-00-5020 OVERTIME - - 113 119 - 138 370 575 64.34% 01-110-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,735 1,843 2,187 2,184 3,023 2,212 13,184 25,000 52.74% 01-110-52-00-5214 FICA CONTRIBUTION 1,434 1,446 1,690 1,692 2,324 1,710 10,296 20,106 51.21% 01-110-54-00-5412 TRAINING&CONFERENCES - 339 25 605 620 1,589 3,000 52.97% 01-110-54-00-5415 TRAVEL&LODGING - - - - 1,565 1,565 - 0.00% 01-110-54-00-5423 PUBLIC RELATIONS - - - - - - 150 0.00% 01-110-54-00-5426 PUBLISHING&ADVERTISING - 6 - 10 151 13 180 2,000 8.98% 01-110-54-00-5430 PRINTING&DUPLICATION - 292 753 - 668 326 2,039 6,750 30.20% 01-110-54-00-5440 TELECOMMUNICATIONS - 596 1,052 1,062 1,195 1,306 5,211 21,200 24.58% 01-110-54-00-5451 CODIFICATION - - - - - - - 8,000 0.00% 01-110-54-00-5452 POSTAGE&SHIPPING - 142 3,197 (579) 117 117 2,995 14,000 21.39% 01-110-54-00-5462 PROFESSIONAL SERVICES - 2,210 2,051 1,878 1,001 2,963 10,102 11,000 91.84% 01-110-54-00-5473 KENDALL COUNTY PARATRANSIT - - - - - - - 30,000 0.00% 01-110-54-00-5474 SENIOR SERVICE FUNDING - - - - - - - 0.00% 01-110-54-00-5480 UTILITIES - 764 657 612 814 678 3,525 28,000 12.59% 01-110-54-00-5485 RENTAL&LEASE PURCHASE 143 143 143 143 143 143 858 - 0.00% 01-110-54-00-5488 OFFICE CLEANING - - 1,196 1,196 1,196 1,196 4,784 14,400 33.22% 01-110-54-00-5490 DUES&SUBSCRIPTIONS 1,384 6,174 230 592 95 - 8,475 16,600 51.05% 01-110-56-00-5610 OFFICE SUPPLIES 70 2,295 166 191 564 103 3,389 15,000 22.59% 01-110-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - - - - 850 0.00% 01-110-56-00-5640 REPAIR&MAINTENANCE - - - - - - - 100 0.00% TOTAL EXPENDITURES:ADMINISTRATION 25,492 37,236 37,692 335 44 995 37 553 216 317 489 551 44.19% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 AC-l'C)ALS BY MONTH(Caail Basis) ":,aj'li.+cad year M.e !?!.: 'Sfi 3% 425,, 5iZ%, Ycar-to-fluty AN,JI.AL 1ACCOUNTNUNMER DESCRIPTION Alliv-11 duu�l I duly-1.1 August-11 September It (looter-11 'Totals BUDGET °lo of tiudgct FINANCE EXPENDITURES 01-120-50-00-54110 SALARIES&WAGES 12.812 13.604 12,812 12,512 19,218 12,812 84,072 175,000 48.04% 01-120-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,233 1,308 1,233 1,247 1,856 1,247 8,124 17,500 46.42% 01-120-52-00-5214 FICA CONTRIBUTION 967 1,028 974 985 1,473 985 6,412 13,005 49.30% 01-120-54-00-5412 TRAINING&CONFERENCES - - - - - - - 2,000 0.00% 01-120-54-00-5414 AUDITING SERVICES - - 2,000 12,000 13,000 11,000 38,000 45,000 84.44% 01-120-54-00-5415 TRAVEL&LODGING - - - - - - - 1,000 0.00% 01-120-54-00-5430 PRINTING&DUPLICATING - - - - - - 500 0.00% 01-120-54-00-5440 TELECOMMUNICATIONS - 45 45 45 45 45 225 600 37.50% 01-120-54-00-5452 POSTAGE&SHIPPING - - - 107 5 112 500 22.38% 01-120-54-00-5460 DUES&SUBSCRIPTIONS 80 - 35 - - - 115 850 13.53% 01-120-54-00-5462 PROFESSIONAL SERVICES 1,847 1,945 56 290 78 1,138 5,354 42,000 12.75% 01-120-54-00-5485 RENTAL&LEASE PURCHASE 143 1,615 879 143 143 143 3,066 15,000 20.44% 01-120-54-00-5495 OUTSIDE REPAIR&MAINTENANC - - - - 250 - 250 1,800 13.89% 01-120-56-00-5610 OFFICE SUPPLIES 343 128 136 - 270 877 2.504 35.08% 01-120-56-00-5630 SMALL TOOLS&EQUIPMENT - - - - - - - ?50 0.00% O1-120-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - - - - 2.500 0.00% 01-120-56-00-5640 REPAIR&MAINTENANCE - - - - - 500 0.00% TOTAL EXPENDITURES:FINANCE 17,0821 19,888 18.161 27.766 36,063 27,646 1.16,606 320,5{15 t 45.740/ COMMUNITY RELATIONS EXPENDITURES 01-130-54-00-5426 1PLIBLISHING&ADVERTISING 333 333 333 100.00% TOTAL EXPENDITURES-,COMMUNITY RELATIONS 333 - - - - -333_1 333 1 1[)0.0(1°/ ENGINEERING EXPENDITURES 01-150-50-00-5010 SALARIES&WAGES 12,929 55,188 10,006 - 78,123 172,000 45.42% 01-150-50-00-5020 OVERTIME - - - - 500 0.00% 01-150-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,230 5,248 952 - - 7,430 16,500 45.03% 01-150-52-00-5214 FICA CONTRIBUTION 960 4,193 765 - 5,918 13,236 44.71% 01-150-54-00-5412 TRAINING&CONFERENCES - - - - - - 21250 0.00% 01-150-54-00-5415 TRAVEL&LODGING - - - 3 - 3 400 0.80% 01-150-54-00-5430 PRINTING&DUPLICATING - 38 139 109 - 286 1,500 19.07% 01-150-54-00-5440 TELECOMMUNICATIONS - 104 103 - - - 207 2,200 9.39% 01-150-54-00-5452 POSTAGE&SHIPPING - - - 23 - - 23 500 4.50% 01-150-54-00-5460 DUES&SUBSCRIPTIONS - - - - - 1,200 0.00% 01-150-54-00-5462 PROFESSIONAL SERVICES - 508 1,09$ 1 98 - - 1,704 32,550 5.23% 01-150-54-00-5485 RENTAL&LEASE PURCHASE 137 137 137 137 137 137 819 - 0.00% 01-150-54-00-5495 OUTSIDE REPAIR&MAINTENANC - 27 - - - - 27 1,500 1.81% 01-150-56-00-5600 WEARING APPAREL - - - - - - 101) 0.00% 01-150-56-00-5610 OFFICE SUPPLIES - 7 - - 7 1,000 0,70% 01-150-56-00-5622 ENGINEERING SUPPLIES - - - - - 1,500 0.00% 01-150-56-00-5630 1 SMALL TOOLS&EQUIPMENT - - - - 500 0.00% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 AC TUALS BY MONTH(Cash fifisis) Fou 12", fear-to-Date ANNUAL L��CCOUNTAUMMM -MSCRtMON -4vfmtwr--ll Octabeir-if Totals BUDCET ' % Bildgel 01-150-56-00-5635 COMPUTER EQUIPMENT&-SO 1:1��.A R 111 4,550 01-1:50-56-00-5640 REPAIR&MAINTENANCE-:- - 1.0011 0.00% 01-1150-56-00-5645 IBOOKS&PL.rBLICA'FION.S - 150 0.00% ITOTAL EXPENDITURES:ENGINEER].N. G f15,255 65.450 13.1991 757 249 137 (14,546 253,1361 37.35%1 POLICE EXPENDITURES 01-210-50-00-5010 SALARIES-'POLICE OFFICERS 87,672 95,900 85,295 78,245 120,451 88,252 555,815 1,250,000 44.47% 01-210-50-00-5012 SALARIES-LIEUT/SERGEANTS/CHIEF 44,835 49,174 51,592 46,735 66,038 44,215 302,589 610,000 49.60% 01-210-50-00-5013 SALARIES-POLICE CLERKS 11,204 15,227 7,747 8,715 14,557 9,468 66,918 120,000 55.76% 01-210-50-00-5014 SALARIES-CROSSING GUARD 1,110 583 - - 1,193 1,029 3,915 20,000 19.58% 01-210-50-00-5015 PART-TIME SALARIES 6,068 3,090 4,155 2,990 5,923 2,928 25,155 39,000 64.50% 01-210-50-00-5017 CADET PROGRAM 875 1,375 1,247 1,231 - - 4,727 13,500 35.02% 01-210-50-00-5020 OVERTIME 6,970 6,898 12,214 6,859 14,226 8,799 55,967 75,000 74.62% 01-210-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,075 1,417 624 742 1,290 860 6,007 15,900 37.78% 01-210-52-00-5213 EMPLOYER CONTRI-POL PEN 57,847 119,062 4,521 44,426 117,395 10,431 353,682 375,000 94.32% 01-210-52-00-5214 FICA CONTRIBUTION 11,692 12,762 11,978 10,642 16,444 11,377 74,894 170,000 44.06% 01-210-54-00-5410 TUITION REIMBURSEMENT - - 1,510 - 1,510 2,800 53.93% 01-210-54-00-5411 POLICE COMMISSION 563 - - 581 590 1,219 2,952 15,000 19.68% 01-210-54-00-5412 TRAINING&CONFERENCES 50 920 150 (230) 495 1,385 12,000 11.54% 01-210-54-00-5415 TRAVEL&LODGING 183 1,264 83 946 195 (332) 2,340 10,000 23.40% 01-210-54-00-5426 PUBLISHING&ADVERTISING - - - 11 11 200 5.60% 01-210-54-00-5430 PRINTING&DUPLICATING 87 143 120 74 111 536 4,500 11.90% 01-210-54-00-5440 TELECOMMUNICATIONS 1,757 1,748 1,931 3,077 2,892 11,406 36,500 31.25% 01-210-54-00-5452 POSTAGE&SHIPPING 11 81 26 259 (60) 47 364 3,000 12.13% 01-210-54-00-5460 DUES&SUBSCRIPTIONS 90 80 (20) 210 50 410 1,350 30.37% 01-210-54-00-5462 PROFESSIONAL SERVICES 35 598 1,034 141 300 2,108 4,000 52.69% 01-210-54-00-5466 LEGAL SERVICES - - - - - - 10,000 0.00% 01-210-54-00-5467 ADMIN ADJ-HEARING OFFICER 325 1,400 2,260 975 2,100 1,000 8,060 15,000 53.73% 01-210-54-00-5469 NEW WORLD LIVE SCAN - - - - 8,949 8,949 15,000 59.66% 01-210-54-00-5472 KENDALL CO.JUVE PROBATION - - - 3,000 0.00% 01-210-54-00-5484 MTD-ALERTS FEE 3,330 - - - 3,330 6,660 6,660 100.00% 01-210-54-00-5485 RENTAL&LEASE PURCHASE 277 277 352 352 352 352 1,962 - 0.00% 01-210-54-00-5495 OUTSIDE REPAIR&MAINTENANCI 1,125 2,537 2,810 2,610 8,411 2,901 20,394 51,000 39.99% 01-210-56-00-5600 WEARING APPAREL 375 - 1,290 611 725 2,795 5,796 10,000 57.96% 01-210-56-00-5610 OFFICE SUPPLIES - 91 196 245 269 - 801 4,000 20.02% 01-210-56-00-5620 OPERATING SUPPLIES 13 837 148 621 54 4 1,677 8,000 20.96% 01-210-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - 55 312 70 436 7,000 6.23% 01-210-56-00-5640 REPAIR&MAINTENANCE - 1,554 576 875 3,004 12,250 24.52% 01-210-56-00-5669 GREAT PROGRAM - - - --- 3,000 0.00% 01-210-56-00-5670 COMMUNITY RELATIONS 45 45 500 9.026o' 01-210-56-00-5673 NEIGHBORHOOD WATCH 1.531 0.00% 01-210-56-00-5674 CITIZENS POLICE ACADEMY 030 0 0(r.n 101-210-56-00-5678 1 COMPLIANCE CHECKS 500 oto% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 A+CTUAI.S sY NIONT1I Kash HaNW) xg; 33 42% 501.1 ear-ia- A ACCOl3N'1'.1 UMBE:0 INSCRIPTIDN _i9IfY-dl. �14�ICv-ll _ jY Y 'o1,_ Aw -i � ll toter 11 Tomb %LO 7o atBu�i et 01-210-56-110-5690 S1P1'1_IES-GRANT R1:lMBURSABL 3,030 3,099 -1,200 71.79`:-° 01-710-56-00-5695 GASOLINE - 7,814 7,028 7,473 6,531 6,368 3 5,2 15 85,000 41.43% 01-210-56-00-5696 AMMUNITION - I - - - - - 2,000 0.001"o TOTAL EXPENDITURES:POLICE 235,690 324,292 1 196,183 1 218,967 199,292 207 365 1,568,789 3 018 230 51.98% COMMUNITY DEVELOPMENT EXPENDITURES 01-220-50-00-5010 SALARIES&WAGES 17,750 26,622 11,148 8,690 20,292 15,444 99,946 240,000 41.64% 01-220-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,688 2,532 1,060 826 1,807 1,298 9,212 27,275 33.77% 01-220-52-00-5214 FICA CONTRIBUTION 1,279 1,958 831 643 1,523 1,155 7,387 17,260 42.80% 01-220-54-00-5412 TRAINING&CONFERENCES - - - - - 480 480 1,200 40.00% 01-220-54-00-5415 TRAVEL&LODGING - - - 21 21 700 3.03% 01-220-54-00-5426 PUBLISHING&ADVERTISING - - - 64 - - 64 150 42.40% 01-220-54-00-5430 PRINTING&DUPLICATING - 38 60 - 109 74 280 1,500 18.68% 01-220-54-00-5440 TELECOMMUNICATIONS - 109 108 112 111 187 628 1,500 41.88% 01-220-54-00-5452 POSTAGE&SHIPPING - - - 63 - - 63 500 12.53% 01-220-54-00-5459 INSPECTIONS - 680 - 7,061 6,128 7,701 21,570 20,000 107.85% 01-220-54-00-5460 DUES&SUBSCRIPTIONS - 422 453 - - - 875 1,500 58.33% 01-220-54-00-5462 PROFESSIONAL SERVICES - - - 562 94 656 6,000 10.93% 01-220-54-00-5466 LEGAL SERVICES 101 44 846 101 1,093 6,400 17.07% 01-220-54-00-5485 RENTAL&LEASE PURCHASE 137 137 137 137 137 137 819 0.00% 01-220-54-00-5486 ECONOMIC DEVELOPMENT - - - - - 45,000 0.00% 01-220-56-00-5610 OFFICE SUPPLIES - 16 - 52 67 135 500 27.02% 01-220-56-00-5620 OPERATING SUPPLIES - 79 29 233 341 3,000 11.38% 01-220-56-00-5630 SMALL TOOLS&EQUIPMENT - - - - - - 125 0.00% 01-220-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - 2,500 0.00% 01-220-56-00-5645 BOOKS&PUBLICATIONS - - - 394 394 500 78.88% TOTAL EXPENDITURES:COMMUNITY DEVELP 20,854 32,614 13,920 19,003 30,189 , 27,384 143,963 375,610 38.33% PUBLIC WORKS-STREET OPERATIONS EXPENDITURES 01-410-50-00-5010 SALARIES&WAGES 18,990 19,377 19,377 19,377 30,015 19,377 126,511 270,000 46.86% 01-410-50-00-5020 OVERTIME - - - 71 89 - 160 15,000 1.07% 01-410-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,806 1,843 1,843 1,849 2,863 1,843 12,046 30,000 40.15% 01-410-52-00-5214 FICA CONTRIBUTION 1,408 1,438 1,438 1,443 2,251 1,438 9,416 23,500 40.07% 01-410-54-00-5412 TRAINING&CONFERENCES - - - - - - - 2,000 0.00% 01-410-54-00-5440 TELECOMMUNICATIONS - 198 196 205 204 192 995 4,020 24.76% 01-410-54-00-5455 MOSQUITO CONTROL - 6,500 - - - - 6,500 7,000 92.86% 01-410-54-00-5458 TREE&STUMP REMOVAL - 400 2,275 300 - 2,975 10,000 29.75% 01-410-54-00-5462 PROFESSIONAL SERVICES 84 46 20 66 20 236 1,000 23.61% 01-410-54-00-5480 UTILITIES - 5,199 6,868 6,988 3,865 3,605 26,524 80,000 33.16% 01-410-54-00-5485 RENTAL&LEASE PURCHASE 33 540 33 33 33 33 705 1,000 70.49% 01-410-54-00-5495 OUTSIDE REPAIR&MAINTENANC - 275 - 845 1,486 3,969 6,574 30,000 21.91% 01-410-56-00-5600 WEARING APPAREL 93 144 174 259 126 228 1,024 5,000 20.49% 01-410-56-00-5620 OPERATING SUPPLIES 34 1,632 1,564 949 377 766 5,322 9,500 56.02% 01-410-56-00-5626 HANGING BASKETS - 1,832 209 - - - 2,041 2,000 102.06% 01-410-56-00-5630 SMALL TOOLS&EQUIPMENT 64 (64) - - - - 1 1,750 0.00% 01-410-56-00-5640 REPAIR&MAINTENANCE - 2,780 1,251 2,192 3,281 945 10,449 36,500 1 28.63% 01-410-56-00-5656 1 PROPERTY&BUILDING MAINT 66 1,238 664 1 2,471 1,241 115 5,794 30,000 19.31% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 aC:'TC1;.S 61'At{)Y7'tl lE:iish 1Sa�iisy -- A _ P !Yenta-flete ANNUAL NU;1tBIsR f1FSCR1P77C4 �it1P-11 m d1 JQI1"�a �1 -U ''elltgttb -11 Qctgbv-dl Totab HUDGET %of Rudgel 01--410-56-00-5095 Oslil)EWALK ASOLINE - -- 2,886 1,279 2,914 4,062 2,ISti 13,321 33.010 39.66' 01-410-60-00-1041 CONSTRUC'i`ION - - - 734 E35 _ 869 41011 21.73% TOTAL EXP:PUBLIC WORDS-STREET OPS 22,494 46 299 34.940 42.626 50.392' 34 715 231,467 595,870 38.85% PW-HEALTH&SANITATION EXPENDITURES 01-540-54-00-5442 GARBAGE SERVICES - 100,361 - 200,660 99,975 100,018 501,014 1,195,000 41.93% 01-540-54-00-5443 ILEAFPICKLIP - 600 - - - 6001 6,000 10.00% TOTAL EXPENDITURES:PW IlEALTII&SAN 100361 600 200.660 99.975 1 100.018 501.614 1,201,000 41.77°! ADMINISTRATIVE SERVICES EXPENDITURES 01-640-50-00-5092 POLICE SPECIAL DETAIL WAGES - 350 - - - - 350 5,000 7.00% 01-640-52-00-5216 GROUP HEALTH INSURANCE 201,872 113,613 97,253 97,135 88,841 90,913 689,627 1,204,000 57.28% 01-640-52-00-5222 GROUP LIFE INSURANCE 1,275 1,237 1,252 1,035 1,161 1,166 7,127 26,000 27.41% 01-640-52-00-5223 DENTAL&VISION INSURANCE 15,474 9,695 7,432 8,431 7,952 7,784 56,768 114,000 49.80% 01-640-52-00-5224 EMPLOYEE ASSISTANCE - - - - - - - 150 0.00% 01-640-52-00-5230 UNEMPLOYMENT INSURANCE 12,508 - 18,762 - - 18,762 50,031 60,000 83.38% 01-640-52-00-5231 LIABILITY INSURANCE 49,629 53,504 10,470 10,470 53,504 - 177,577 339,200 52.35% 01-640-54-00-5456 CORPORTATE COUNSEL - 11,046 8,493 9,889 14,193 5,708 49,328 130,000 37.94% 01-640-54-00-5461 LITIGATION COUNSEL - 65 10,719 10,750 8,255 3,809 33,598 60,000 56.00% 01-640-54-00-5462 PROFESSIONAL SERVICES 450 5,843 - 2,160 - 40,486 48,939 50,000 97.88% 01-640-54-00-5463 SPECIAL COUNSEL - 135 5,785 - 495 270 6,685 25,000 26.74% 01-640-54-00-5465 ENGINEERING SERVICES 15,732 15,732 - 0.00% 01-640-54-00-5475 CABLE CONSORTIUM FEE - - 19,039 19,620 - 38,659 85,000 45.48% 01-640-54-00-5479 COMMUNITY RELATIONS - 440 - - - 440 - 0.00% 01-640-54-00-5481 MARKETING-HOTEL TAX 3,612 5,416 5,310 4,516 18,855 27,540 68.46% 01-640-54-00-5491 CITY PROPERTY TAX REBATE - - - - 1,532 1,532 1,050 145.89% 01-640-54-00-5492 SALES TAX REBATE - 322,505 168,802 - 491,308 900,000 54.59% 01-640-54-00-5493 BUSINESS DISTRICT REBATE 23,787 24,471 27,616 23,037 98,910 300,000 32.97% 01-640-54-00-5494 ADMISSIONS TAX REBATE - - - - 114,000 0.00% 01-640-54-00-5499 BAD DEBT - - - - 1,250 0.00% 01-640-56-00-5625 REIMBURSEABLE REPAIRS - - - - - - - 5,000 0.00% 01-640-70-00-7799 CONTINGENCIES - - - - - 120,000 120,000 64,617 185.71% 01-640-99-00-9923 TRANSFER TO CITY WIDE CAPITA 10,417 10,417 10,417 10,417 10,417 10,417 62,500 125,000 50.00% 01-640-99-00-9942 TRANSFER TO DEBT SERVICE 8,645 8,645 8,645 8,645 8,645 8,645 51,870 103,740 50.00% 01-640-99-00-9979 TRANSFER TO PARK&RECREATION 61,059 61,059 61,059 61,059 61,059 61,059 366,355 732,710 50.00% 01-640-99-00-9982 ITRANSFER.TO LIBRARY OPS - - - - 328,644 328,644 332,500 98.84% TOTAL EXPENDITURES:ADMIN SERVICES 361,328 275,608 268,125 591 423 475 870 742,480 2,714,833 4,805,757 56.49% TOTAL FUND RE1,'ENUFS 9Q 1,615 1 1,989,075, 1 6.10,0301 1.243.761 1 652 cM) 1.164.652 7,481,643 11,823,874 63.2 8°/° TOTAL FUND EXPENDITURES 698,195 902.0811 582,8211 1.134:11+2 1,124,024 1,177,297 ' 5,618,469 11,059,992 50.80% FUND SURPLUS(DEFICIT) 203,430 986,9915 47.210 109,709 528,476 12.645 1,863,175 763.882 FOX HILL SSA REVENUES 1 1-Uf111-40-00-4011 PROPERTY TAXES-FOX BILL SSA 599 1,272 64 576 1,126 88 3.726 3,7146 98.41% 1I-()( 1.-45-00-4500 JINVFSTMENT EARNINGS 0 1 1 1 1 1 4 0.00"fn I OTAL REVENUES:FOX HILL SSA 599 1,27-3 64 577 1,1271 89 3,730 1 3,786 98.52% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 AC ITAI S 117'NIONT11(Cash Hails) 1 I i.Tcrr!}'rnr' Y i',. _'3;1 ,3Y 4 "ii fPl" 1'Car-¢�Dntc ANNUAL ;ACCOUNTNVNIRE,R MSCRIP`f[ON Alay-11 .fude-11 JOY41 August-I1 Seplember-1 I October•I1 Totals fiLfDGET %afBudpet FOX HILL SSA EXPENDITURES _ 11-111-54-00-5495 OUTSIDE REPAIR&MAINTENANC 614 707 614 614 767 3,375 1 3,804 I 88.72%I TOTAL FUND RE3'ENIMS 599 1 1,273 64 -1771 1,1271 89 m 3,730 1 3,7861 98,52% TOTAL FUND EXPENDITURES - 1 6141 7671 6141 6,141 767 M 3375 3.804 88.72% FUND SURPLUS(DEFICIT 599 1 659 703 (37A 513 678 355 18 SUNFLOWER SSA REVENUES 12-000-40-00-4012 PROPEPTYT'AXES-SUNi'LOWERSS 1,362 2,284 118 1,391 1,937 84 7,376 7,530 95.30"/o' 12-000-45-004500 INVISTMFNT Er'ARNINGS 0 1 1 1 1 1 1 5 - 0.00% TO'T'AL REVENUES.SUNFLOWER 55:'1 1,362 2,284 120 1,3921 85 7,181 1 7,530 95.37% SUNFLOWER SSA EXPENDITURES 12-112-54-00-5495 JOUTSIDF REPAIR&MAINTENANC - 1,309 6501 L309 1.3()Ql 1.439 m 6,016 9.078 66.27% T"O`T':A.L FUND REVENUES 1.3621 2.284 1 1201 1,3921 1,9381 85 E 7.181 7.5301 95.37°x° TOTAL FUND EXPENDITURES W991 6501 1,3091 1,3091 1,439 M 6,0161 9,078 1 66.27% FUND SURPLUS(DEFICIT 1.362 1 975 1 (530)1 831 629 (1,3541M 1,165 1.54 MOTOR FUEL TAX REVENUES 15-000-41-00-4112 MOTOR FUEL TAX 34,752 34,093 31,723 36,973 36,308 32,528 ?06,374 3;5,(}Il(1 58.13% 15-000-41-00-4113 MFT HIGH GROWTH - - - - - - - 20.000 0.00% 15-000-41-00-4172 ILLINOIS JOBS NOW PROCEEDS - - 73,122 - - 73,122 142.000 5I.49% 15-000-45-00-4500 INVESTMENT EARNINGS 29 28 24 25 26 28 160 1,000 1 15.98% 15-000-46-00-4605 REIMB-OLD JAILlDWTWN PARKIN - - - - 493,000 0.00% 15-000-46-00-4690 REIMB-MISCELLANEOUS - - - - - 0.00% 15-000-48-00-4850 MISCELLANEOUS INCOME - - - - 0.00% TOTAL REVENUES:MOTOR FUEL TAX 34,781 34,122 1 31,747 110.1201 36.334 1 32,556 M 279,660 1 1 011 000 1 27.660/. MOTOR FUEL TAX EXPENDITURES 15-155-56-00-5618 SALT - - - - - - - 220,000 0.00% 15-155-56-00-5619 SIGNS - - 1,426 1,966 999 348 4,739 18,000 26.33% 15-155-56-00-5632 PATCHING - - - - - - 50,000 0.00% 15-155-56-00-5633 COLD PATCH - - - - - 10,600 0.00% 15-155-56-00-5634 HOT PATCH - 1,728 2,729 3,044 988 2,045 10,534 13,000 81.03% 15-155-56-00-5640 REPAIR&MAINTENANCE - - - - - - - - 0.00% 15-155-60-00-6072 DOWNTOWN PARKING LOT - - - 875 - 875 55,000 1.5{1°•„ 15-155-60-00-6073 GAME FARM ROAD PROJECT 28,200 - 6,400 - - 19,177 53,777 150.000 35.85% 15-155-60-00-6075 RIVER ROAD BRIDGE PROJECT - - - 102 102 ?5,(){)0 0.41% 15-155-60-00-6079 ROUTE 47 EXPANSION - - - 2,379 2.379 119.4(}0 1.99% TOTAL FUND REVENUES m 34.781 34,122 1 31.7471 110320 36334 1 32,556 M 279,660 1.01 LOOO 27.66°fa TOTAL FUND EXPENDITURES M 28.200 1728 I0,.5.++ 1 -5,0101 Lull 24,051 0 72.405 661,000 10.95%° FUND SURPLUS DEFICI71 6581 32.'A93 21.192 105,1101 33,472 1 8,505 M 207.254 350000 BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTUAI S S1 17UVl'll(Cmb NOS) nf`Fisti:ai tier fs",: /"':: '.s'sr 3:7^�; 2":� .,5(.�?� Yeaf-to-orate ANNUAI. ItCCOUNTNUNIBER 11F: CItiPTlcllti n=TT lun�11 In1�•11 Autrust-I1 Sep[em6rr•l l [lckuleer-ll Totals l3UUC;L'I °'^of 13ud�rs MUNICIPAL BUILDING REVENUES 16-000-42-00-4214 DEVELOPMENT FEES 1,0501 300 1 750 300 2,700 1 300 5,400 5,250 1 102.86% 101 Al.REVENUES:MUNICIPAL BUILDING; 1,0501 300 1 750 1 300 1 2,700 1 300 1 1 5,400 1 5,250 1 102.86% TOTAL FUND REVENUES 1.050 300 7501 3001 2.7001 300 5,400 50 5.2 102,86°/ TOTS►L FUND EXPENDITURES — — I — — (T1ND S[IRP'L(JS(DEFIC'IT) 1.115(1 300 750 3011 2.,700 300 5,400 1 5,2.50 POLICE CAPITAL REVENUES 20-000-42-00-4214 DEVELOPMENT Z=EES 1,800 300 1,500 450 5,250 45F426 10,500 92.86% 20-000-42-00-4217 . WEATHER WARNING SIREN FLES — — — — — (0,01(9) 0.00% 20-000-43-00-4315 DUI FINES 1,127 323 261 136 18 45 0.00% 20-00043-00-4316 ELECTRONIC CITATION FEE 184 54 60 70 6 0.00% 20-000-43-00-4340 SEIZED VEHICLE PROCEEDS - - - - - 5,000 0.00% 20-000-45-00-4500 INVESTMENT EARNINGS 5 4 4 4 4 - 0.00% 20-000-48-00-4850 MISCELLANEOUS INCOME - 0.00% 20-000-48-00-4880 SALE OF FIXED ASSETS 1,200 - - - - - 0.00% TOTAL REVENUES:POLICE CAPITAL 4 132 812 1 819 650 5 341 97 21,500 63.84% POLICE CAPITAL EXPENDITURES 9 1 Oil h 3�"%a 20-200-54-00-5462 PROFESSIONAL SERVICES 95 - - - - 20-200-54-00-5495 OUTSIDE REPAIR&MAINTENANC - - - - - - - 10,000 0.00% 20-200-56-00-5620 OPERATING SUPPLIES - - - - - - - ?,?[101 0.00% 20-200-56-00-5621 SMALL TOOLS&EQUIPMENT — — — — 0.00% 20-200-60-00-6060 EQUIPMENT — — — 20,000 0.00% 20-200-60-00-6070 IVEHICLES — 20,000 0.00% TOTAL FUND REVENUES m 4 L32 8121 1.8191 6501 5,341 1 971 M 13,7261 21,500 1 a 31.OTAL FUND EXPENDITUR M 95 - m 95 54.040 0.18% FUND SURPLUS(DEFICIT) 4,037 812 Y 819 650 5 340 971 13.£ 1 02,500)l PUBLIC WORKS CAPITAL REVENUES 21-000-42-001214 DEVELOPMENT FEES 4,400 900 3,500 1,150 12,350 1,150 23.450 24,500 95.71% 21-000-44-00-4418 MOWING INCOME 419 3,430 2,193 713 (494) 1,790 8.052 7.90 0 101:.92% 21-000-45-00-4500 INVESTMENT EARNINGS 3 2 2 2 2 2 12 — 0.00% 21-000-48-00-4850 MISCELLANEOUS INCOME — — — — — — 0,00% 21-000-48-00-4880 SALE OF FIXED ASSETS — — — — — — — 0.00% 21-000-49-00-4922 TSFR FROM PARK&REC CAPITAL 292 292 292 292 292 292 1.'; sI 3,5110 50.00% TOTAL REVENUES:PW CAPITAL REVENUES 5 114 4 624 5,9861 2,1571 12,1491 3,234 33,2f�4 35,t1f10 92.G6%° PUBLIC WORKS CAPITAL EXPENDITURES 21-211-54-00-5462 1PROFESSIONALSERVICES 980 1 294 245 323 1,842 1.500 002.330 21-21 1-54-00—:5485 j RENTAL&LEASE PURCHASE LE 4,000 4,000 4,500 88.89% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTUALS BY MONTH(Canals Bwwls) :r,rrl+�'+3rulI'�•ar N'�';, 1"r, _'S:'s" :}: .!_7!'„ 307`", OAT�tD• tC El<1`T 7_N41MBER VESCRIIi<'e' M-- -Il .Igoe-"hbt—H_. ;'y�g�gl _ _ _ ill octQbtr-- l a r� �rofBudget 21-211-56-00-5620 OPERATING SUPPLIES - - - 2,000 0.00% 21-211-60-00-6060 EQUIPMENT - 2,000 0.00% 21-211-60-00-6070 VEHICLES - - - - - 0.00% 21-211-92-00-8000 PRINCIPLE PAYMENT-PW BUILDING 4.587 2,312 2324 2,336 2,348 2,360 16,267 28,254 57.57% 121-211-1)2-00-8050 INIFRES'I I'AYNI1 N'r-M RIM—DING Q,129 4,5401 4,5 14 4.522 1.510 4AQS 31,139 54,041 58.73°In 7-o-r.1L I^L!ND REVENLMS 5,7141 4.6241 4.9216 2,157 1 12,1491 3,234 M 11,264 1 35,900 1 92.66% TO'T:11.1°MDEXPENI)ITLIRE4 13.716 1 7,839 1 6.85-81 7,152 1 11,103 1 7,181 M 53.847 92,595 1 59.15% I=LIIND 4ll'RPLUS DEFICITI (8 1602)1 (3,214)1 (872 (4,99 1,0461 3947 (20,583)1 56,695 PARK&RECREATION CAPITAL REVENUES 22-00042-004215 PARKS CAPITAL FEES 250 - 500 - 750 1.750 42.86% 22_000-45-00-4500 INVESTMENT EARNINGS' 8 8 8 10 37 3 108 80 134.41% 22-000-48-00-4880] SALE OF FIXED ASSETS - - 900 Q00 1,000 90.00% TOTAL REVENUES:PARK&RECREATION CAPITAL 258 8 8 1,410 37 1,758 2,830 62.100/6 PARK&RECREATION CAPITAL EXPENDITURES 22-222-60-00-6012 CRAWFORD PARK TRAIg 0.00% - - - - - - 0.00% 22-222-60-00-6035 RAINTREE PARK - - 120,000 0.00% 22-222-60-00-6042 BASEBALL FIELD CONSION - - - - 0.00% 22-222-60-00-6060 EQUIPMENT - - - - - - - 22-222-99-00-9921 TRANSFER TO PW CAPITAL 292 292 292 292 292 292 1,750 3,500 50.00% `COT.iL,FLIND REVENUES 2_98 8 8 1,4101 37 37 M 1,758 1 2.830 62.10% TOTAL FUND EXPENDITURES 2921 2921 292 2921 2921 292 M 1 7:50 1 123,500 1.42% rLIND SMPLI.IS(DEFICIT) 33 284 284 1,11H 2.54 255 8 1 (120,670) CITY-WIDE CAPITAL REVENUES 23-000-41-00-4170 STATE GRANTS - - - - - - 231,000 0.00% 23-000-42-00-4210 BUILDING PERMITS - - - - - - 17,600 0.00% 23-000-42-00-4213 ENGINEERING CAPITAL FEES 500 - 500 100 1,700 100 2,900 3,000 96.67% 23-000-42-00-4214 DEVELOPMENT FEES 85 700 1,700 500 2,985 20,000 14.93% 23-00042-00-4222 ROAD CONTRIBUTION FEE 4,000 - 6,000 - 12,000 - 22,000 20,000 110.00% 23-000-45-00-4500 INVESTMENT EARNINGS 2 2 2 3 13 13 35 - 0.00% 23-000-46-00-4690 REIMB-MISCELLANEOUS 4,469 3,560 - 1,549 - 9,578 - 0.00% 23-000-48-00-4880 SALE OF FIXED ASSETS - - - - - - - 0.00% 23-000-49-00-4901 TRANSFER FROM GENERAL 10.417 10,417 10,417 10A17 10,417 10,417 62,500 125,000 50.00% TOTAL REVENUES:CITY-WIDE CAPITAL 19.388 14,0641 16,919 12.769 25,824 11,029 99.998 416.600 24.00% CITY-WIDE CAPITAL EXPENDITURES 23-230-60-00-6041 SIDEWALK CONSTRUCTION - - - - - - - 0.00% 23-230-60-00-6070 VEIICLES - - - - - 4,000 0.00% 23-230-60-00-6092 SAFE'ROUTE TO SCHOOL PROJECT - - - - 1,049 1,049 231,000 0.45% 23-230-97-00-8000 IPRINCIPLF-PMT-CLARK PRPTY 125,000 - - - 12.5,000 125,000 100.00% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTUALS BY MUNTII(Crib Basls) Jimal Year 8',. ! 25% ti°„ 424; SM, Year-ro-Dote ANNUAL A(:C'OUtiI'NUMBER DESCRIPTION may-11 .9r°we-JI My-11 My-11 tie mber-Y1 octwwr-11 Totals BL!DCE`I "sufliit gel TOTAL FUND REVENUES =12S"0- 14064; 1 9]9 12.769 251&29 11"2 99 998 416.600 24.00% TOTAL FUND EXPEND[TUREti - 1 49 126,049 36{1.000 35.01`1° FUND SURPLUS DEFICIT 1 -60 musmi $ (26;050) 56,600 DEBT SERVICE REVENUES 42-000-40-00-4006 PROPERTY TAXES-2005A BOND 51,906 106,836 4,056 39,864 105,340 9,360 317,362 324,179 97.90% 42-000-42-00-4208 RECAPTURE FEES-WATER&SEWE 200 50 125 50 400 50 875 - 0.00% 42-000-45-00-4500 INVESTMENT EARNINGS 0 12 39 40 50 72 213 - 0.00% 42-000-49-00-4901 TRANSFER FROM GENERAL 8,645 8,645 8,645 8,645 8,645 8,645 51,870 103,740 50.00% 42-000-49-00-4985 TRANSFER FROM FOX IND TIFF - - - - - 78,563 78,563 0.00% TOTAL REVENUES:DEBT SERVICE 60,752 115,542 12,866 48,599 114,434 96,690 448,883 427,919 104.90% DEBT SERVICE EXPENDITURES 42-420-54-00-5498 PAY ING AGENT FEES - - - 375 - 375 750 49.93% 42-420-81-00-8000 PRINCIPLE PAYMENT-2004C - - - - - - c)5,of)11 0.00% 42-420-81-00-8050 INTEREST PAYMENT-2004C - 4,370 - - - 4,370 8340 50.00% 42-420-82-00-8000 PRINCIPLE.PAYMENT-2005A - - - - - I9,5.00n 0.00%' 42-420-82-00-8050 INTFREST PAYMENT-2005A - 64,589 - - - - 64,580 129.179 50.00% TOTAL FUND REVENUES 60,752 115-542 12.866 48.1599 1 114.4,34 96,690 444,833 427.9151 104.90%e TOTAL FUND EXPENDITURES - 69.959 ' - 1 375 - 69.3M 1 42.8.669 16.17?/. FUND SURPLUS(DEFICIT) 60,7521 46,583 1 12,866 1 48,23; 1 114,4341 96,690 M 379,5491 750 WATER FUND REVENUES 51-000-40-00-4007 PROPERTY TAXES-2007A BOND 21,434 44,117 1,675 14,461 43,490 3,865 131.051 133,861* 97.90% 51-000-44-00-4424 WATER SALES 3,611 287,381 2,266 331,018 3,507 293,000 920,783 1,674,750 54.98% 51-00044-00-4425 BULK WATER SALES - 950 - - - 950 500 190.00% 51-000-44-00-4430 WATER METER SALES 3,405 780 2,235 875 8,550 875 16,720 25,000 66.88% 51-000-44-00-4440 WATER INFASTRUCTURE FEE 305 115,440 137 115,635 587 115,871 347,974 600,000 58.00% 51-00044-00-4450 WATER CONNECTION FEE 16,710 7,400 10,640 5,030 34,290 5,030 79,100 125,000 63.28% 51-000-44-00-4473 RECAPTURE FEES - - - - - - 0.00% 51-000-45-00-4500 INVESTMENT EARNINGS 4 9 19 21 35 22 110 2,000 5.49% 51-000-46-00-4690 REIMB-MISCELLANEOUS - - - 1,340 1,340 - 0.00% 51-000-48-00-4821 BAD DEBT RECOVERY - - - - 3,517 - 3,517 - 0.00% 51-000-48-00-4822 RENTAL INCOME-WATER TOWER 311 1 2,524 1 2,524 2,5241 4,738 1 2,524 15,146 50,000 30.29% 51-000-48-00-4850 MISCELLANEOUS INCOME - - I - - I - 1 63 - 0.00% 51-000-49-00-4952 TRANSFER FROM SEWER 6,989 6,989 6,989 6,989 6,989 6,989 41,931 83,863 50.00% TOTAL REVENUES:WATER FUND 52.768 465.589 26.486 178,8.3 1[18,791 4211,879 1 558 687 2 694 979 57.84% WATER OPERATIONS EXPENSES 51-510-50-00-5010 SALARIES&WAGES 26,985 27,920 27,335 26,064 46,015 20,542 174,860 3fi5,000 47.91% 51-510-50-00-5020 OVERTIME - - 95 22 1,130 741 1,988 12.000 16.57% 51-510-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 2,566 2,655 2,609 2,481 4,483 2,024 1[i-S 18 37.500 44.85% 51-510-52-00-5214 FICA CONTRIBUTION 1,984 2,055 2,018 1,915 3,497 1,559 13.007 28,200 46,19% 51-510-54-00-5412 TRAINING&CONFERENCES - - - 330 - - 3311 2.000 16.50% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACFU,ALS BY MONTH#Cush Basis) a q)Aucal I'var 1", P"', I.Ty. 42%, 3flui, Year-trrDate ANNUAL ACC{7ff14TNU BER DESCRIPTION QQY60 3avu-t1 4 ILI Octube" Totals KDGET %nr8ud1w 51-510-54-00.5415 TRAVEL&LODGING - - 278 278 [,600 51-710-54-00-5426 PUBLISIlING&ADVERTISING - 434 - - - 934 I,000 93354 5I-5I0-54.00-5429 WATER SAMPLES 4,236 - - 33 25 - 4.294 14.000 30.67% 51-510-54-00-5430 PRINTING&DUPLICATING - - - - 12 3 15 2,500 0.59% 51-510-54-00-5440 TELEC'OMMLNICATIONS 1,453 1.446 1,495 1,998 1,558 7,950 24,500 32.45% 51-510-54-00-5452 POSTAGE&SHIPPING - 3,226 583 2,760 269 1,695 8,532 22,000 38.78% 51-510-54-00-5460 DUES&SUBSCRIPTIONS - 435 - - - - 435 1,250 34.82% 51-510-54-00-5462 PROFESSIONAL SERVICES - 783 1.460 1 1.650 2,281 1331 7,504 6,000 125.07% 51-510-54-00-5466 LEGAL SERVICES - - - - - - - 2,000 0.00% 51-510-54-00-5480 UTILITIES - 11,508 23,852 23,444 16,943 19,367 95,113 304,500 31.24% 51-510-54-00-5483 JLJLIf=SERVICES - 1,780 - - - 1,645 3,426 3,500 97.88% 51-510-54-00-5485 RENTAL&LEASE PURCHASE 33 33 37 33 33 29 198 1,000 19.80% 51-510-54-00-5495 OUTSIDE REPAIR&MAINTENANC - 485 - 181 684 16 1,366 10,000 13.66% 51-510-54-00-5499 BAD DEBT - - - - - - - 6,000 0.00% 51-510-56-00-5600 WEARING APPAREL 93 255 174 259 275 228 1,285 5,000 25.70% 51-510-56-00-5620 OPERATING SUPPLIES - 793 2,563 1,969 489 433 6,248 20,500 30.48% 51-510-56-00-5630 SMALL TOOLS&EQUIPMENT 64 (64) - - - 29 29 2,000 1.43% 51-510-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - 265 - 265 1,600 16.56% 51-510-56-00-5638 TREATMENT FACILITY SUPPLIES 20 16,563 17,190 28,518 23,630 16,675 102,596 240,000 42.75% 51-510-56-00-5640 REPAIR&MAINTENANCE 59 3,335 3 - 1,665 1,694 6,756 9,500 71.11% 51-510-56-00-5664 METERS&PARTS 1,452 465 439 2,326 5,884 1,860 12,426 46,000 27.01% 51-510-56-00-5695 GASOLINE - 2,886 1,278 2,914 4,062 2,239 13,378 35,700 37.47% 51-510-60-00-6079 ROUTE 47 EXPANSION - - - - - - - 96,000 0.00% 51-510-75-00-7502 GRANDE RESERVE COURT ORDER 22,989 22,989 22,989 22,989 22,989 22,989 137,933 275,868 50.00% 51-510-83-00-8000 PRINCIPLE PAYMENT-2007A - - - - - - - 10,000 0.00% 51-510-83-00-8050 INTEREST PAYMENT-2007A - 61,933 - 61,933 123,866 50.00% 51-510-85-00-8000 PRINCIPLE PMT-2002 CAP APPREC 285,000 - - - 285,000 285,000 100.00% 51-510-86-00-$000 PRINCIPLE PMT-2003 DEB'I'CLR'I' - - - - - - - - 0.00% 51-510-86-00-8050 INTEREST PMT-2003 DEBT CERT - 16,575 - - - U075 33.1511 50.00% 51-5I0-87-00-8000 PRI NCI PLEPAYM ENT-2000A - - - - - - - 70.000 0,00% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ,'1(,ru,%L5 lay M(31Trll leash Beslq) 331; ANNUAL. [:COUNINUMBER DESCRIPTION fans-lI .Imoe-ll 1� thtobeu-11 Totals i RuppE'r %orBudget 51-510-87-00-8050 INTEREST PAYM ENT-21)W,A - 44,253 - - 44,%53 88.506 50.00%° 51-510-88-004000 PRINCIPLE PAYMENT-2005C - - - - 90,000 0.00% 51-510-88-00-8050 INTEREST PAYMENT-2005C 38,863 - 38.863 77,725 50.00% 51-510-89-00-8000 PRINC'IPI-E PAYMENT-[EPA 15630D - - 42,534 - - 42.534 85,600 49.69% 51-510-89-00-8050 INTEREST PAYMENT-IEPA 156300 - 19,981 - 199s 3 9,43 0 5li,67°f° 51-Sect-99-00-9901 TRANSFER TOGENFR 11.. 71+55 7.655 7,655 7,655 7,655 7,655 I5.93? 91,81x3 50.00% TOTAL FUND REVENUES m 52,768 465,589 1 26.41961 478,5531 105,711 1 429,579 1.558.6137 1 2,694,979 57.84°!, TOTAL FUND EXPENSES M 353.135 268,835 1 112.6591 1 189354 1 144,28.11 104,587 M 1 173 053 2,571 858 45.61% FUNDSIIRPLC.iti DEFICIT 3001671 196,75* 1 ft.173)1 288,499 38,5723 324,991 385:634 123,12t SEWER FUND REVENUES 52-000-40-00-4009 PROPERTY TAXES-2004B BOND 41,414 85,240 3,236 31,806 84,046 7,468 753,211 258.650 97.90% 52-000-40-00-4013 PROPERTY TAXES-2005D BOND 221,914 456,751 17,342 170,429 450,354 40,018 1,356,807 1,385,950 97.90% 52-000-40-00-4014 PROPERTY TAXES-2008 BOND 17,627 36,281 1,378 13,538 35,773 3,179 107,775 1 10,090 97.90% 52-000-44-00-4435 SEWER MAINTENANCE FEES 184 123,655 79 123,755 254 123,734 371,661 714,000 52.05% 52-000-44-00-4455 SW CONNECTION FEES-OPS 800 400 600 200 1,400 200 3,600 5,000 72.00% 52-000-44-00-4456 SW CONNECTION FEES-CAPITAL 7,200 3,600 5,400 1,800 12,600 1800 32,400 30,000 108.00% 52-000-44-00-4457 SW CONNECTION FEES-ROB ROY 294,000 - - - - 294,000 600,000 49.00% 52-000-45-00-4500 INVESTMENT EARNINGS 63 129 316 322 365 488 1,683 1,800 93.51% 52-000-46-00-4690 REIMB-MISCELLANEOUS 155 - - - - - 155 0.00% 52-000-48-00-4850 MISCELLANEOUS INCOME - - - - - - - - 0.00% TOTAL REVENUES:SEWER FUND 583,357 706,056 28,351 341,850 584,793 176'8 86 2 421 293 3,105,490 77.97% SEWER OPERATIONS EXPENSES 52-520-50-00-5010 SALARIES&WAGES 18,877 30,792 18:477 14,258 21,387 17.710 121,902 256,000 47.62% 52-520-50-00-5020 OVERTIME 76 - - 49 - - 125 2,000 6.23% 52-520-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,802 2,928 1,795 1,361 2,034 1,684 11,605 25,000 46.42% 52-520-52-00-5214 FICA CONTRIBUTION 1,391 2,297 1,401 1,051 1,584 1,204 8,928 20,230 44.13% 52-520-54-00-5412 TRAINING&CONFERENCES - - - - - - - 500 0.00% 52-520-54-00-5415 TRAVEL&LODGING - - - - - - - 500 0.00% 52-520-54-00-5440 TELECOMMUNICATIONS - 129 127 133 132 125 647 1,800 35.94% 52-520-54-00-5462 PROFESSIONAL SERVICES - 45 237 46 604 56 989 5,000 19.78% 52-520-54-00-5480 UTILITIES - 1,331 1,278 1,322 1,296 1,146 6,373 40,000 15.93% 52-520-54-00-5485 RENTAL&LEASE PURCHASE 33 33 33 33 33 33 198 1,000 19.80% 52-520-54-00-5495 OUTSIDE REPAIR&MAINTENANC - - - 243 684 - 927 4,000 23.17% 52-520-56-00-5600 WEARING APPAREL 93 144 174 259 126 228 1,024 2,500 40.97% 52-520-56-00-5610 OFFICE SUPPLIES - 44 - - - 44 2,000 2.19% 52-520-56-00-5613 LIFT STATION MAINTENANCE - 702 1,000 2,241 3,153 7,227 14,322 15,000 95.48% 52-520-56-00-5620 OPERATING SUPPLIES - 425 558 806 419 154 2,361 4,500 52.47% 52-520-56-00-5630 SMALL TOOLS&EQUIPMENT 64 462 - - - (64) 462 2,500 18.48% 52-520-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - 70 1 - 70 1,200 5.83% 52-520-56-00-5640 REPAIR&MAINTENANCE - 119 905 1 459 1 232 1,715 25,000 6.86% 52-520-56-00-5695 GASOLINE - 2,886 1,278 2,914 1 4,062 1 2,185 13,324 27,300 48.81% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTI,ALS B!"MONTH(f:axh Bnsloi 9t pfFYatal rew iVNI 31% 42';,, MAL owscRIffi_t?lti .:_. ' 3-Id atud-11 11.._ 29a wll I Oewber-D 74tA14 i %a of Bud 52-520-56-00-5699 BAD DEBT - - - 1,500 0.00% 52-520-60-00-6079 ROUTE 47 EXPANSION - - - 24,600 0.00% 52-520-75-00-7500 LENNAR-RAINTREE SWR RECAP 30,996 - - 30,996 30,996 100.00% 52-520-84-00-8000 PRINCIPLE PAYMENT-2004B - - - - 160,000 0.00% 52-520-84-00-8050 INTEREST PAYMENT-2004B 49,325 - 49,325 98,650 50.00% 52-520-90-00-8000 PRINCIPLE PAYMENT-2003IRRB - - - - - 95,000 0.00% 52-520-90-00-8050 INTEREST PAYMENT-2003IRRB - 35,071 - - 35,071 70,143 50.00% 52-520-91-00-8000 PRINCIPLE PAYMENT-2004A - - - - 170,000 0.00% 52-520-91-00-8050 INTEREST PAYMENT-2004A - 12,046 - 12,046 24,093 50.00% 52-520-93-00-8000 PRINCIPLE PAYMENT-2005D - - - - - 1,000,000 0.00% 52-520-93-00-8050 INTEREST PAYMENT-2005D - 192,975 - - 192,975 385,950 50.00% 52-520-94-00-8050 INTEREST PAYMENT-2008 REF - 55,045 - - - 55,045 110,090 50.00% 52-520-95-00-8000 PRINCIPLE PAYMENT-IEPA 01300 - - 18,155 - - 18,155 36,635 49.56% 52-520-95-00-8050 INTEREST PAYMENT-IEPA 01300 - - 1,335 - - 1,335 2,344 56.96% 52-520-96-00-8000 PRINCIPLE PAYMENT-IEPA 115300 - - - 42,883 - 42,883 86,329 49.67% 52-52046-004050 INTEREST PAYMENT-IEPA 115300 - - 10,642 - - 10,642 20.721 51.36% 52-520-99-00_9401 TRANSFER TO GENERAL 6,920 6,920 6,920 6,920 6,920 6,920 41,523 83,015 50.00% 52-520-Q9-00-9952 TRANSFER TO WATER 6,989 6,989 1 6,989 6,989 6,989 6,989 41.931 83,863 50.00% TOTAL FUND REVENUES M 583.357 706.056 28-3r,1 341,854 584.793 1 176,886 M 2.421,293 3.105.490 77.97% TOTAL F1IND EXPENSES 0 67.2.11 1 365.636 96,134 92,1521 49.952 1 45,829 M 716,9431 2.919,989 241.55% FUND SURPLUS(DEFICIT) M 516.117 340.420 1 (67,783)1 249691< 1 534$411 131;057 M 1,704,350 1 185,501 LAND CASH REVENUES 72-000-41-00170 STATEGRANTS - - - - - 400,000 0.00% 72-000-47-00-4702 WHISPERING MEADOWS(K HILL) 312,655 - - - - 312,655 - 0.00% 72-000-47-00-4703 AUTUMN CREEK 3,077 - 2,051 1,026 11,281 1,026 18,460 20,000 92.30% 72-000-47-00-4704 BLACKBERRY WOODS - - - - - - - 500 0.00% 72-000-47-00-4706 CALEDONIA - - - - - - 0.00% 72-000-47-00-4707 1 RIVER'S EDGE - - - - - 0.00% TOTAL REVENUES:LAND CASH 315,732 - 2,051 1.5261 11,2 1 1 1,026 331,116 420,500 1 78.74% LAND CASH EXPENDITURES 72-720-60-00-6029 CALEDONIA - - _ - - _ - 0.00% 72-720-60-00-6032 MOSIER HOLDING COSTS - 11,000 - 11,000 11.000 100.00% 72-720-60-00-6036 RAINTREE VILLAGE 78,878 3,173 54,417 49,658 958 11,545 198,630 270,000 73.57% 72-720-60-00-6044 HOPKINS PARK - - - - - - - 000011a 72-720-60-00-6045 RIVERFRONT PARK - - - - - - - 0.00% 72-720-99-00-9901 7 RA1tiSI ER TO GENERAL 1.±+7.1 1.67-1 1.1174 1.674 1.674 1.674 10,042 20,084 50.00% TOTAL FUND REVENUES 314.732 - 2,051 1 026 11,281 1,026 M 331,1161 420,500 1 78.74% TOTAL C1IND EXPENDIT1RES $11.5521 4,847 56.091 62,331 1 2.632 1 13.219 M 219.6721 301,084 1 72.96% C°UND SURPLUS(DEFICIT) 235.180 4,847) 54,040) 61,306) 8,650 12,193 I11.444 119,416 BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACI'II.AI S Al'MON-Pfl(Cxth[tads) o1�1•'isaull'ear k" f?.. .5`.'S Ti^;, 42", 50'1"4. !''ear-to-Flntc 1R'VLiAL FICCIL�N'i NUi ISER DESCRIPTION tlar•11 Juae Il ,luh=11' AugnaY-lf September-ll October-I I ToCnls HLII3(: 1. °n ni flasrlgci PARK&RECREATION REVENUES 79-00044-00-4402 SPECIAL EVENTS - 1,320 20 - 885 3,800 6,025 0.00% 79-000-44-00-4403 CHILD DEVELOPMENT 5,557 3,653 400 6,089 5,727 2,193 23,619 0.00% 79-000-44-00-4404 ATHLETICS AND FITNESS 18,466 12,412 29,027 7,343 2,074 29,295 98,616 - 0.00% 79-000-44-00-4440 PROGRAM FEES 26,232 3,125 3,092 495 240 1,784 34,968 180,000 19.43% 79-000-44-00-4441 CONCESSION REVENUE 14,297 16,042 3,906 613 1,838 - 36,696 30,000 122.32% 79-000-44-00-4443 HOMETOWN DAYS 4,250 350 3,660 12,242 70,352 10,107 100,960 135,000 74.79% 79-000-45-00-4500 INVESTMENT EARNINGS 12 14 10 9 7 8 60 300 20.08% 79-000-46-00-4690 REIMB-MISCELLANEOUS 2,916 70 - 350 - 3,336 - 0.00% 79-000-48-00-4820 RENTAL INCOME 38,944 400 1,250 (300) (1,764) (590) 37,940 86,000 44.12% 79-000-48-00-4825 PARK RENTALS 14,374 6,681 (215) 1,026 1,500 1,477 24,843 - 0.00% 79-000-48-00-4846 SPONSORSHIPS/DONANTIONS 490 200 - 1 804 1 315 1 220 2,029 1 11,200 18.12% 79-000-48-00-4850 IMISCELLANEOUS INCOME 18 486 1,376 1 1801 638 1 400 2,738 1 500 547.50% 79-000-19-00-4901 ITRANSFER FROM GENERAL 61.059 61,059 61.0591 61,0591 61,0591 61,059 366,355 732.710 50.00% TOTAL REVENIES-, PARK&RECREATION 186,615 105,812 103,585 1 89,909 132,870 1 109,392 718.184 1,175.710 62.79% PARKS DEPARTMENT EXPENDITURES 79-790-50-00-5010 SALARIES&WAGES 28,371 27,641 27,664 28,899 42,348 29,096 184,020 370,000 49.74% 79-790-50-00-5015 PART-TIME SALARIES 763 4,309 4,698 4,204 2,961 - 16,934 17,000 99.61% 79-790-50-00-5020 OVERTIME - - - - - - 3,000 0.00% 79-790-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 2,698 2,629 2,631 2,763 4,042 2,781 17,543 37,730 46.50% 79-790-52-00-5214 FICA CONTRIBUTION 2,164 2,379 2,411 2,479 3,407 2,172 15,012 30,000 50.04% 79-790-54-00-5412 TRAINING&CONFERENCES - 100 - - - - 100 2,600 3.85% 79-790-54-00-5415 TRAVEL&LODGING - - - - - - 750 0.00% 79-790-54-00-5440 TELECOMMUNICATIONS 323 251 261 349 315 1,499 3,780 39.66% 79-790-54-00-5462 PROFESSIONAL SERVICES 49 - 46 245 340 4,500 7.56% 79-790-54-00-5466 LEGAL SERVICES - - 555 1 416 196 (196) 971 4,000 24.28% 79-790-54-00-5485 RENTAL&LEASE PURCHASE 178 178 25 320 178 178 1,057 2,500 42.29% 79-790-56-00-5600 WEARING APPAREL - 336 317 155 155 229 1,192 4,100 29.07% 79-790-56-00-5610 OFFICE SUPPLIES - 47 - - - 75 122 300 40.73% 79-790-56-00-5620 OPERATING SUPPLIES - 3,417 604 309 3,021 2,018 9,369 22,500 41.64% 79-790-56-00-5630 SMALL TOOLS&EQUIPMENT - - 10 34 - 30 74 2,250 3.27% 79-790-56-00-5635 ICOMPUTER EQUIPMENT&SOFTW - - - - 1,421 1,421 500 284.20% 79-790-56-00-5640 REPAIR&MAINTENANCE - 11,588 6,051 1,075 1,818 1,434 21,967 48,000 45.76% TOTAL EXPENDITURES:PARKS DEPT 34.174 52.947 45,267 40,914 58,520 39 799 271.621 553.510 49.070/- RECREATION DEPARTMENT EXPENDITURES 79-795-50-00-5010 SALARIES&WAGES 14,458 16,152 14,692 14,692 22,037 A1,795 96,721 190,000 50.91% 79-795-50-00-5015 PART-TIME SALARIES 1,406 637 1,773 1,360 1,745 8,305 25,000 33.22% 79-795-50-00-5020 OVERTIME - - - - - - 300 0.00% 79-795-50-00-5045 CONCESSION WAGES 2,868 3,059 2,522 - 2,217 10,665 12,500 85.32% 79-795-50-00-5046 PRE-SCHOOL WAGES 3,410 1,557 13 10 3,033 9,818 25,000 39.27% 79-795-50-00-5052 IINSTRUCTORS WAGES 1,195 2,182 2,115 1,004 1,498 1,611 9,605 25,000 38.42% 79-795-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,768 1,939 1,712 1,547 2,581 1,702 11,249 22,000 51.13% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 -1t:TUALS HI MONTI I(Cash 1lasisl ;',.r{JxlscctfYeur 45. 1?", 25"i, .;3''•-lll, IPI. Year-cu-Date ANNUAL ACCOUNT NUMBE. DE$CRIP'CIt1i1l. Rbsv-`d] 1I0041611 -11 1® i4 n" Lt4�-l1 'Totals BUDGET %of Radret 79-795-52-00-5214 FICA CONTRIBUTION 11763 1,714 1,563 1,242 2,255 1,427 10.044 20,000 50-72".• 79-795-54-00-5412 TRAINING&CONFERENCES - - - - 15f] - 15() 2.000 7,50°'4 7t)-795-54-00-5415 TRAVEL&-LODGING - - - - - 1,000 0.00% 79-795-54-00-5426 PUBLISHING&ADVERTISING - - - 9.289 - - 8,289 27,000 30.70% 79-795-54-00-5440 TELECOMMUNICATIONS 253 251 224 268 1133) 863 4,300 20.07% 79-795-54-00-5447 SCHOLARSHIPS - - - - - - - 1,000 0.00% 79-795-54-00-5452 POSTAGE&SHIPPING - - 177 800 - 147 1,124 8,000 14.05% 79-795-54-00-5462 PROFESSIONAL SERVICES 2,278 5,479 18,245 6,521 3,995 4,827 41,344 47,000 87.97% 79-795-54-00-5480 UTILITIES - 1.811 1,014 965 749 338 4,878 22,000 22.17% 79-795-54-00-5485 RENTAL&LEASE PURCHASE - - 25 - - 20 45 4,500 1.00% 79-795-54-00-5490 DUES&SUBSCRIPTIONS - - - - - 1,500 0.00% 79-795-54-00-5495 OUTSIDE REPAIR&MAINTENANC - - - - - - 1,000 0.00% 79-795-54-00-5496 PROGRAM REFUNDS 480 1,005 1.452 1.480 1.156 329 5,902 7,000 84.31% 79-795-56-00-5602 HOMETOWN DAYS SUPPLIES 1,629 - 34,015 19.098 23,528 6,612 84,882 100,000 84.88% 79-795-56-00-5606 PROGRAM SUPPLIES 2,500 2,797 2,359 851 3,350 624 12,481 55,000 22.69% 79-795-56-00-5607 CONCESSION SUPPLIES 1,561 4,882 4,832 215 - 35 11,525 18,000 64.03% 79-795-56-00-5610 OFFICE SUPPLIES 120 70 - 158 63 33 445 3,000 14.82% 79-795-56-00-5620 OPERATING SUPPLIES 966 1,121 244 969 438 400 4,138 5,500 75.24% 79-795-56-00-5630 SMALL TOOLS&EQUIPMENT - - - - - - - 2,000 0.00% 79-795-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - 25 25 500 5.00% 79-795-56-00-5640 REPAIR&MAINTENANCE - 34 - 71 179 111 395 2,000 19.74% 79-795-56-00-5645 BOOKS&PUBLICATIONS - - - - 100 0.00% 79-795-56-00-5690 SUPPLIES-GRANT REIMBURSABL - - - 500 0.00% 79-795-56-00-5695 GASOLINE - 44 81 84 72 340 621 3,000 20.71% TOTAL EXPENDITURES:RECREATION DEPT 36,403 44,816 87,084 59,580 69,313 1 36,318 333,514 635,700 1 52.46% TOTAL FUND REVENUES 186,615 1 105,8121 103,585 89.9091 142,8701 L09,392 738,1841 1,175,7101 62.79% TOTAL FLIND E.XPENDIT11RES M 70;577 97.763 [32351 100414 1 127,8331 76,417 695,131 1,189 210 50,89% FUND SL1RPLU5 DEFICIT 116,0391 8,049 28,767 T0,58fi 15,0381 33,275E 133,049 {I3,500) RECREATION CENTER REVENUES 80-000-44-00-4440 PROGRAM FEES 7,814 4,553 2,680 9,804 7,313 6,771 38,934 125,000 31.15% 80-00044-00-4441 CONCESSION REVENUE 975 900 813 868 704 602 4,862 12,500 38.89% 80-000-44-00-4444 MEMBERSHIP FEES 42,167 41,211 36,594 36,534 36,527 35,011 228,044 410,000 55.62% 80-000-44-00-4445 GUEST FEES 580 723 776 518 598 601 3,796 3,500 108.46% 80-000-44-00-4446 SWIM CLASS FEES 5,577 6,106 2,744 2,472 1,136 874 18,909 35,000 54.03% 80-000-44-00-4447 PERSONAL TRAINING FEES 336 816 308 1,044 - 36 2,540 15,000 16.93% 80-00044-00-4448 TANNING SESSION FEES 575 129 160 108 115 70 1,157 2.500 46.28% 80-000-48-00-4820 RENTAL INCOME 6 31 299 174 1,118 2,049 11,677 5,000 73.53% 80-000-48-00-4845 DONATIONS 230 - - 295 - - 525 2.000 26.25% 80-000-48-00-4850 1 MISCELLANEOUS INCOME 37 1 32 1 5 17 6 22 118 500 23.507/o TOTAL REVENUES:RECREATION CTR REVENUES 58, 961 54,501 1 44,378 51,834 , 47,517 46 035 302,561 611.000 49.52% RECREATION CENTER EXPENSES 80.800-50-00,50I0 1 SALARIES&WAGES ol 2,631 4,509 2,000 2,000 3,000 2,0000 16,14 0 1 34.2001 47.19"/ 130-800-50-00-5015 PAR-F-TYME SALARIES mi 7,934 8,337 6,533 6,872 10,009 6,037 45.721 '713,000 46.65% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTUALS BI'MONT11{Cash Basav) lcA l-,aacir!year :r':, f .a :5"o, 33"', 42% 50% Yrnrto-liate ANNUAL ACCOUNT NVNIBER DESCRIPTION 4v�p-I! irnR-d? 7�6�-a] J1lt m6es-d! {)cttliter=ll Ta1sCs. BL!DC':1 C "f aiCBddgeC 80-800-50-00-5020 OVERTIME - -` - - 500 0.00`"0 80-800-50-00-5046 PRE-SCHOOL WAGES 4,092 105 86 148 4,710 3,335 12.475 35,000 35.640•'a 80-800-50-00-5052 INSTRUCTORS WAGES 3,555 4,350 4,488 5,394 6,351 2,940 27.078 65,000 41.{;6% 80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTIO' 1,043 956 562 504 I,038 737 4,840 10,000 48.40% 80-800-52-00-5214 FICA CONTRIBUTION 1,382 1,318 1,003 1.107 1.849 1.103 7,761 17,7118 43.83% 80-800-54-00-5415 TRAVEL&LODGING - - - - - - - 200 0.00% 80-800-54-00-5426 PUBLISHING&ADVERTISING - - - - - - - 1,500 0.00% 80-800-54-00-5440 TELECOMMUNICATIONS - 394 358 363 369 (230) 1,254 3,600 34.83% 80-800-54-00-5447 SCHOLARSHIPS - - - - - - 900 0.00% 80-800-54-00-5452 POSTAGE&SHIPPING - - - - - - - 600 0.00% 80-800-54-00-5462 PROFESSIONAL SERVICES 853 3,090 1,553 1,064 868 922 8,350 17,700 47.18% 80-800-54-00-5480 UTILITIES - 3.746 3,657 5.388 4,135 123 17,049 49,000 34.79% 80-800-54-00-5485 RENTAL&LEASE PURCHASE 36,198 18.198 19.050 18.698 18,764 18,581 129,490 226,500 57.17% 80-800-54-00-5490 DUES&SUBSCRIPTIONS - - 114 - - 114 200 57.20% 80-800-54-00-5495 OUTSIDE REPAIR&MAINTENANC - - 361 376 - - 737 21,200 3.48% 80-800-54-00-5496 PROGRAM REFUNDS 318 664 434 693 133 333 2,574 5,500 46.80% 80-800-54-00-5497 PROPERTY TAX PAYMENT 30,751 - 30,751 - - - 61,503 53,680 114.57% 80-800-56-00-5606 PROGRAM SUPPLIES 37 611 1,307 307 935 826 4,022 17,000 23.66% 80-800-56-00-5607 CONCESSION SUPPLIES - 889 468 879 238 251 2,724 6,300 43.23% 80-800-56-00-5610 OFFICE SUPPLIES - 37 46 158 - 75 316 2,600 12.15% 80-800-56-00-5620 OPERATING SUPPLIES 287 270 =3271,068 519 990 3,691 6,200 59.53% 80-800-56-00-5630 SMALL TOOLS&EQUIPMENT - - - - 6,300 0.00% 80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - 1,000 1,000 1,000 100.00% 80-800-56-00-5640 REPAIR&MAINTENANCE - 362 195 318 2,270 11,000 20.64% 80-800-56-00-5645 BOOKS&PUBLICATIONS - - - - 50 0.00% 80-800-56-00-5695 GASOLINE - 44 72 - 282 300 93.84% tOT.tL FUND REVENUES 58,2961 54501 44,378 51,834 1 47517 4.6,035 302,561 611.000 3952% TOTAL I LEND EYPEM1i5E5 $9,079 47,882 74,394 45,5141 53,184 39,339 349.392 691,738 50.51% (FUND SURPL1iti(DEFICIT) (3078.3)1 5.62€6 (3U,II1G) 5.3x0 5,667 6,696 46.8311 {80,738 LIBRARY OPERATIONS REVENUES 82-000-40-00-4005 PROPERTY TAXES-LIBRARY 108,835 221,702 9,030 83,169 219,338 20,657 662,730 675,000 98.18% 82-000-41-00-4120 PERSONAL PROPERTY TAX - 755 - - - - 755 5,000 15.10% 82-000-41-00-4170 STATE GRANTS - - - - - - 17,200 0.00% 82-000-42-00-4211 DEVELOPMENT FEES-BOOKS 875 - - 2,175 - 3,975 7,025 8,000 87.81% 82-000-43-00-4330 LIBRARY FINES 1,397 1,377 1,053 1,310 1,052 990 7,179 13,000 55.22% 82-000-44-00-4401 LIBRARY SUBSCRIPTION CARDS 1,306 1,234 627 1,313 1,457 424 6,360 8,000 79.50% 82-000-44-00-4422 COPY FEES 320 332 347 263 328 258 1,848 3,000 61.59% 82-000-44-00-4440 PROGRAM FEES 20 23 - 20 - - 63 2,000 3.15% 82-000-45-00-4500 INVESTMENT EARNINGS 1 7 10 9 13 20 61 250 24.26% 82-000-48-00-4820 RENTAL INCOME 111 140 185 320 217 489 1,462 1,500 97.47% 82-000-48-00-4824 DVD RENTAL INCOME 441 601 458 560 387 434 2,880 4,000 72.00% 82-000-48-00-4832 MEMORIALS 1,000 400 - 1,120 161 1,065 3,745 - 0.00% 82-000-48-00-4850 MISCELLANEOUS INCOME 7 40 72 62 133 130 444 0.00% 82-000-48-00-4881 SALE OF BOOKS - - 0.00% BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 ACTV,M-5 BY MONTH(CwO Rik,,4) Visv l)"*m° 25 d i tr„ 42 1%, ANNUAL ►CCC1UN-1 NUMBER DESCRIPTION Mmi-d.1 Jmme-16 D t.t 3w -11 wber-lY Octobor-11. Totals BUDGET /orBudrer S2-000-40-00-4c+01 TRANSFFR FROM tiFNF.RA1. - - 328,644 328,644 112joo Yl.{][Y'� TOTAI.REVENLIES: 1.11WARN' 114,312 226,611 1178() 90,321 223,086 157,086 1,023,I96 1,069,450 95.67"l0 LIBRARY OPERATIONS EXPENDITURES 82-820-50-00-5010 SALARIES&WAGES 18,661 19,302 18,707 18,707 28,060 18,707 122,143 241,000 50.68% 82-820-50-00-5015 PART-TIME SALARIES 16,163 14,802 14,474 15,031 21,905 14,819 97,193 193,000 50.36% 82-820-52-00-5212 RETIREMENT PLAN CONTRIBUTIO 1,775 1,836 1,779 1,779 2,669 1,779 11,616 22,500 51.63% 82-820-52-00-5214 FICA CONTRIBUTION 2,608 2,553 2,483 2,525 3,767 2,509 16,446 40,000 41.12% 82-820-52-00-5216 GROUP HEALTH INSURANCE - 7,295 7,295 - 14,590 7,295 36,475 87,975 41.46% 82-820-52-00-5222 GROUP LIFE INSURANCE - 63 63 - 127 63 317 1,000 31.68% 82-820-52-00-5223 DENTAL&VISION INSURANCE - 575 575 1,151 575 2,877 6,950 41.40% 82-820-54-00-5412 TRAINING&CONFERENCES - - - - - - - 0.00% 82-820-54-00-5415 TRAVEL&LODGING - 77 77 500 15.30% 82-820-54-00-5423 PUBLIC RELATIONS - - - - 0.00% 82-820-54-00-5426 PUBLISHING&ADVERTISING - - - - - - - 100 0.00% 82-820-54-00-5440 TELECOMMUNICATIONS - 694 705 699 700 702 3,499 8,500 41.16% 82-820-54-00-5452 POSTAGE&SHIPPING - - - - - - - 2,000 0.00% 82-820-54-00-5460 DUES&SUBSCRIPTIONS - - - (234) 195 - (39) 14,000 -0.28% 82-820-54-00-5462 PROFESSIONAL SERVICES - 1,746 1,960 2,444 2,820 1,638 10,608 29,000 36.58% 82-820-54-00-5466 LEGAL SERVICES - - - - - - 2,000 0.00% 82-820-54-00-5468 AUTOMATION - 7 4,247 214 7 4,476 30,000 14.92% 82-820-54-00-5480 UTILITIES - 582 276 283 236 1,377 15,000 9.18% 82-820-54-00-5485 RENTAL&LEASE PURCHASE - - - - - - - - 0.00% 82-820-54-00-5495 OUTSIDE REPAIR&MAINTENANC - - 139 1,594 1,733 4,000 43.32% 82-820-56-00-5610 OFFICE SUPPLIES 1,053 - - 433 644 2,130 8,000 26.63% 82-820-56-00-5620 OPERATING SUPPLIES - 631 579 - 248 469 1,927 9,000 21.41% 82-820-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - - - 0.00% 82-820-56-00-5640 REPAIR&MAINTENANCE - - - - - - 0.00% 82-820-56-00-5671 LIBRARY PROGRAMMING - 162 8 - 9 180 2,000 8.98% 82-820-56-00-5676 EMPLOYEE RECOGNITION - - - - - - 0.00% 82-820-56-00-5680 ADULT BOOKS - - - - - - - - 0.00% 82-820-56-00-5681 JUVENILE BOOKS - - - - - - - - 0.00% 82-820-56-00-5682 REFERENCE BOOKS - - - - - - - - 0.00% 82-820-56-00-5683 AUDIO BOOKS - - - - - - - - 0.00% 82-820-56-00-5684 COMPACT DISCS&OTHER MUSIC - - - - - - - - 0.00% 82-820-56-00-5685 DVD'S - - - - - 2,000 0.00% 82-820-56-00-5686 BOOKS-DEVELOPMENT FEES - - 143 - 905 807 1,855 8,000 23.18% 82-820-56-00-5698 MEMORIALS&GIFTS - 453 485 154 374 1,467 - 0.00% 82-820-56-00-5699 MISCELLANEOUS - 38 - - - 38 250 15.29% 82-820-70-00-7799 CONTINGENCIES - - 30 - - 30 ].000 3.00% 82-820-99-00-9984 ITRANSFER TO LIBRARY DVLP - - 332,519 - 332,519 332,500 1 00.01% iO"f ALL KND REVENUES 114-4121 226,611 1 11.7801 90„121 223086 357,0860 1,923.196 196 1,069,450 95.67% TOTAL FUND EXPENDITURES 39207 1 50.7131 49,851 1 378,509 7K,445 52.219 &IS 942 1,060.275 61.21°l9 Ft1ND SURPLIJS(DEFICIT) 75.11)51 175.899 38,0701 (,ZXS.187)1 30067 0 374.254 1 9,175 BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 AC'i'L1ALS FIV MONTH(Casrb BAsis) '.a!•f'e:r.,:n1 I'�rru• X".• L,� =i jjl'�, J:`.':. Sf!'.1,;, Yrar-io-Dale ,AM1�.3'UAL AC:('13l' 'TNLIiI13ICR DESCItiI'`i'lU\ .-If :lane-31 Jnl�-II taENSI-I1 tieptcmhrr-II i4c[oPar-31 TutnAc BUDGET' ".AnTE3ud?ri L1131 ARN DEBI SERVICE REVENUES 83-00040-00-4015 PROPERTY TAXE5 115,416 237,557 8,894 88,627 234,227 20,810 705,531 720,800 97.88% 83-000-45-00-4500 1 INVESTMENT EARNINGS - 8 6 8 13 25 60 - 1 0.00% TOTAL REVENUES:LIBRARY DEBT SERVICE 115,416 237 565 8.900 88.635 234.240 20,836 705,591 720,800 1 97.88% LIBRARY DEBT SERVICE EXPENDITURES 93-830-83-00-8000 PRINCIPLE PAYMENT-200513 - - - - - 175,000 0.00% 83-830-83-00.8050 INTEREST PAYMENT-2005B - 158,063 - 158,063 316,125 50.00% 83-830-84-00-8000 PRINCIPLE PAYMENT-2006 - - - - - 175,000 0.00% 83.830-84-00-8050 1 INTFREST PAYMENT-2006 - 27,338 - - - 277338 54,675 50.00% TCI"FAL FUND REVENUES 115A161 237.5615 8.900 88.(135 234,240 20,836 705,591 72011110 97.89"1° TOTAL FL:,ND EXPENDITURLti 185.400 185,400 720•,800 25.72°1° FUND:4URPLLIS(DEFICIT) W 115.416 52.165 8.9[10 88.63.''+ 2.14,2401 20,8360 520.191 LIBRARY DEVELOPMENT FEE REVENUES 84-000-42-00-4212 1 DEVELOPMENT FEES 875 - - �332 - 3,975 7,025 8;000 87.81% 84-000-45-00-4500 INVESTMFNT EARNINGS 13 12 13 14 4 71 500 14.13% 84-000-49-00-4982 TRANSFER FROM LIBRARY OP5 - - - 332,519 332,500 100.01% TOTAL REVENUES. LIBRARY DVI.P FEES 888 12 131 14 3 979 339,614 341 0011 10194% LIBRARY DEVELOPMENT EXPENDITURES 84--840-60-00-6020 BUIIA)INGS AND STRUCTURES 3,1311 7.835 10,961 4,000 274.13% 84-840-99-00-()001 ITRANSFFR TO GENERAL 28,644 328.644 332500 98.84% TOTAL FUND REVlvNAIES 888 12 13 334.708 14 3.974 M 3.19,6141 141,000 99.59°1° TOTAL FUND EXPENDIT€IRES 3.130 7,835 328,644 339,609 1 33CI-00 100,92%4 FUND SURPLUS(DEFICIT) 888 (3.118] 13 334,708 (7,8211 (324,665) S 1 4,500 FOX INDUSTRIAL TIF REVENUES 85-00040-00-4085 PROPERTY TAXES-FOX IND 22,114 111,327 6,311 1 9,005 103,4121 1,045 E 253,214 0.00% 85-00045-00-4500 JINVESTMENT EARNINGS 15 21 1 45 1 47 47 1 SS E 230 0.00% TC1T•AL REVENUES:FOX INDUSTRIAL TIF 22 130 111.3491 6.356 1 9.0521 103.459 1 1,100 N 253,444 FOX INDUSTRIAL TIF EXPENDITURES 85-850-54-00-5420 ADMINISTRATIVE FEES - 214 - 907 74 1.138 2,332 0.00% 85-850-56-00-5619 SIGNS - - - - 6.050 6,050 - 0.00% 95-850-98-00-8000 PRINCIPLE PAYMENT-2002 - - - - 0.00°1° 85.850-98-00-8050 INTEREST PAYMENT-2002 3,391 - - - - 3.391 0.00% ti5-8,C0-99-00-9942 TRANSFER TO DEBT SERVICE - - - - 78,563 78,163 0.00°1° TOTAL FUND REVENUES m 22,,130 111-4491 0561 9,052 103 459 1:.100 251,444 - 0.00% TOTAL FI.IND EXPENDITUREti M 13YJ1 1 214 - 1 9071 74 85,750 4[I 336 0.00% FUND SURPLUS(DEFICIT) m 18.738 11 1,135 6356 8,145 103.385 (84,651) 163,108 - BUDGET REPORT FOR THE PERIOD ENDING OCTOBER 31,2011 AC MAI S 81'4iON'F'i1€Coh 8*011 ',e,�l'l�iscvl}°rtrr .4•'.. J".• 'SF, .t,3£ a"'. S1Y�'„ ti`ear-to-i}urr AtitiLt,tL 14CUMNTNUMBER DE_KRIP"C ON Jtiuy-I .Iun«-]1 July-11 ?Lugu_m-11 SLp[emher-11 Octnber-11 fatI}usl-et COUNTRYSIDE TIF REVENUES 87-000-40-00-4087 PROPERTY TAXES-CNTRYSDE - 4.188 4.181+ 6.250 (37.01% 97-00a-45-00-4500 JINVESTMENT EARNINGS m 371 106 -88 -88 ?€5 773 1,276 4,000 31.89% TOTAL REVFNIIES:COL NTRYSIDE TIF 37 106 2813 1 2118 2851 4,461 5,464 1 10,250 1 98.91% COUNTRYSIDE TIF EXPENDITURES 87-870-54-00-5420 ADM1N15TRATIVL I71_L.S 93 - - 185 273 1,000 2775% 87-870-54-00-5498 PAYING AGENT FEES - - - - - 400 €1.00%° 87-870-80-00-8000 PRINCIPLE PAYMENT-2005 - - - - - 175,000 0.00% 87$70-80-0€1-8050 INTEREST PAYMENT-2005 65,571 - - - - - 65,571 1;1,14 3 50•(k)% TOTAL FUND REVENUES m 37 106 2,481 288 285 1 4,4610 5.464 1 10,250 1 5331% TOTAL FUND EXPENDITURES 65-571 93 - I - - 1 185 m 65,849 1 307,543 1 21.41% FUND SURPLUS(DEFICIT) {65,535} 131 288 1 288 1 285 1 4.376 M (60,385) (297,293) DOWNTOWN TIF REVENUES 88-00040-00-4088 1 PROPERTY TAXES-DOWNTOWN TI 4,450 1 38,640 1 1,232 1 923 1 19,0541 1,688 M 65,986 88,550 74.52`in 88-000-45-00-4500 JINVESTMENT EARNINGS 6 1 7 1 15 1 15 1 151 19 77 n•00°J° TOTAL.REVENUES:DOWNTOWN TIF 4,455 38,647 1,2471 939 1 19,069 1 1,707 M 66,1164 88,550 74.61"/n DOWNTOWN TIF EXPENDITURES 88-880-54-00-5420 JADMINISTRATIVE FEES - 879 370 555 1,314 1,203 4,320 1,500 287.98°0 88-880-54-00-5466 EPROIECT EGAL,SERVICES - - - - - 10,1100 n,()()% 88-880-60-00-61110 C OSTS - - - 10,000 0.00°/0 88-880-60-00-6079 IROUTE 47 EXPANSION - - - - 515,340 0.00% TOTAL F(JND REVENL?CS 4,455 38.6471 1.247 1 919 19,069 1,7070 66,064 1 88.550 74.61% TOTAL FI?NU EXPENDITURES - 1 8791 rol 555 1 1.3141 1;203 0 4,320 1 536.8401 0.80% FUND SURPLUS DEFICIT I 1 4,455 1 37.769 877 1 .4841 17.755 1 504 M 61,744 448,290] UNITED CITY OF YORKVILLE STATEMENT OF REVENUES,EXPENDITURES AND TRANSFERS For the Period Ending October 31,2011* %of October YTD YTD to FY 2012 Actual Actual Budget Budget GENERAL FUND(01) Revenues Local Taxes Property Taxes 76,497 2,593,662 97.3% 2,665,964 Municipal Sales Tax 227,536 1,290,325 50.6% 2,550,000 Non-Home Rule Sales Tax - - 0.0% - Electric Utility Tax - 278,030 47.0% 591,600 Natural Gas Tax - 140,279 48.3% 290,700 Telephone Utility Tax 44,146 259,509 48.5% 535,500 Cable Franchise Fees - 113,600 55.7% 204,000 Hotel Tax 6,542 30,426 99.4% 30,600 Amusement Tax 162 92,370 68.9% 134,000 Admissions Tax - - 0.0% 190,000 Business District Tax 23,037 142,929 47.6% 300,000 Auto Rental Tax 807 4,626 64.8% 7,140 Para Mutuel Tax 1,706 14,490 96.6% 15,000 Total Taxes 380,432 4,960,246 66.0% 7,514,504 Intergovernmental State Income Tax - 594,417 44.4% 1,340,000 Local Use Tax 17,584 121,325 57.8% 210,000 Road&Bridge Tax 4,128 163,974 99.8% 164,296 Personal Property Replacement Tax 3,530 9,206 70.8% 13,000 Other Intergovernmental - 11,149 99.5% 11,200 Total Intergovernmental 25,243 900,071 51.8% 1,738,496 Licenses and Permits Liquor Licenses 50 3,568 8.9% 40,000 Building Permits 13,637 102,630 83.8% 122,400 Other Licenses&Permits 2,775 4,139 127.4% 3,250 Total Licenses&Permits 16,462 110,337 66.6% 165,650 Fines and Forfeits Traffic Fines 6,953 43,676 46.0% 95,000 Administrative Adjudication 1,888 11,435 38.1% 30,000 Police Tows 9.000 40,500 45.0% 90,000 Total Fines and Forfeits 17,841 95,612 44.5% 215,000 Charges for Services Garbage Surcharge 205,290 614,661 52.3% 1,175,000 Collection Fee-YBSD - - 0.0% 123,932 Other Services - 350 7.0% 5,000 Total Charges for Services 205,290 615,011 47.2% 1,303,932 Investment Earnings 553 1,641 82.0% 2,000 Reimb/Miscellaneous/Other Financing Sources Reimb-Legal Expenses 2,672 20,953 174.6% 12,000 Reimb-Health Ins Contributions 21,754 131,014 49.5% 264,800 Other Reimbursements 148,950 214,426 335.0% 64,000 Rental Income 545 4,445 49.4% 9,000 Miscellaneous Income 16.00 1,746 24.9% 7,000 Transfers In 344,894 426,140 80.8% 527,492 Total Miscellaneous 518,831 798,725 90.3% 884,292 Total Revenues and Transfers 1,164,652 7,481,643 63.3% 11,823,874 STATEMENT OF REVENUES,EXPENDITURES AND TRANSFERS For the Period Ending October 31,2011* %of October YTD YTD to FY 2012 Actual Actual Budget Budget GENERAL FUND(01) Expenditures Administration 37,553 216,317 44.2% 489,551 Salaries 24,602 148,125 54.2% 273,395 Benefits 3,922 23,481 52.1% 45,106 Contractual Services 8,926 41,322 26.6% 155,100 Supplies 103 3,389 21.2% 15,950 Finance 27,646 146,606 45.7% 320,505 Salaries 12,812 84,072 48.0% 175,000 Benefits 2,232 14,536 47.7% 30,505 Contractual Services 12,331 47,122 43.1% 109,250 Supplies 270 877 15.3% 5,750 Community Relations - 333 100.0% 333 Salaries - 0.0% 0 Benefits - 0.0% 0 Contractual Services 333 100.0% 333 Supplies - - 0.0% 0 Engineering 137 94,546 37.3% 253.136 Salaries - 78,123 45.3% 172,500 Benefits - 13,348 44.9% 29,736 Contractual Services 137 3,068 7.3% 42,100 Supplies - 7 0.1% 8,800 Police 207.365 1,568,789 52.0% 3,018,230 Salaries 145,892 959,119 46.7% 2,052,500 Overtime 8,799 55,967 74.6% 75,000 Benefits 22,668 434,583 77.5% 560,900 Contractual Services 20,769 69,046 36.3% 190,010 Supplies 9,237 50,073 35.8% 139,820 Community Development 27,384 143.963 38.3% 375,610 Salaries 15,444 99,946 41.6% 240,000 Benefits 2,453 16,598 37.3% 44,535 Contractual Services 8,793 26,548 31.4% 84,450 Supplies 695 871 13.1% 6,625 PW-Street Ops&Sanitation 134.733 733,080 40.8% 1,796,870 Salaries 19,377 126,511 46.9% 270,000 Overtime - 160 1.1% 15,000 Benefits 3,280 21,462 40.1% 53,500 Contractual Services 107,837 546,123 40.9% 1,336,020 Supplies 4,239 37,955 32.1% 118,350 Capital Outlay - 869 21.7% 4,000 Administrative Services 742.480 2,714,833 56.5% 4,805,757 Salaries - 350 7.0% 5,000 Benefits 118,624 981,129 56.3% 1,743,350 Contractual Services 95,090 803,985 47.5% 1,693,840 Supplies - - 0.0% 5,000 Contingencies 120,000 120,000 185.7% 64,617 Transfers Out 408,765 809,369 62.6% 1,293,950 Total Expenditures and Transfers 1,177,297 5,618,468 50.8% 11,059,992 Variance (12,645) 1,863,175 763,882 * October represents 50%of the fiscal year ♦,��0 C/Ty Reviewed By: Agenda Item Number ° Legal ❑ NB #2 EST. _ 1836 Finance 0 Engineer ❑ Tracking Number City Administrator ❑ �°°ate' ♦y® Consultant ❑ ❑ ADM 2011-63 C , W E Agenda Item Summary Memo Title: Treasurer's Report for October 2011 Meeting and Date: Administration Committee 11/17/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: TREASURER'S REPORT-for the period ended October 31,2011 Cash Basis %of %of Projected BGN Fund October Revenues YTD October Expenses YTD Ending Fund Balance Revenues YTD Revenues Budget Budget Expenses YTD Expenses Budget Budget Balance General Fund 01 -General (271,900) 1,164,652 7,481,643 11,823,874 63% 1,177,297 5,618,468 11,059,992 51% 1,591,275 Special Revenue Funds 15-Motor Fuel Tax 640,399 32,556 279,660 1,011,000 28% 24,051 72,405 661,000 11% 847,654 79-Parks and Recreation 231,558 109,392 738,184 1,175,710 63% 76,117 605,135 1,189,210 51% 364,607 72-Land Cash (388,625) 1,026 331,116 420,500 79% 13,219 219,672 301,084 73% (277,181) 85-Fox Industrial TIF 569,790 1,100 253,444 - 0% 85,750 90,336 - 0% 732,898 87-Countryside TIF 2,178,550 4,461 5,464 10,250 53% 185 65,849 307,543 21% 2,118,165 88-Downtown TIF 209,760 1,707 66,064 88,550 75% 1,203 4,320 536,840 1% 271,504 11 -Fox Hill SSA 17,942 89 3,730 3,786 99% 767 3,375 3,804 89% 18,297 12-Sunflower SSA 11,922 85 7,181 7,530 95% 1,439 6,016 9,078 66% 13,088 Debt Service Fund 42-Debt Service 8,653 96,690 448,883 427,919 105% - 69,334 428,669 16% 388,202 Capital Funds 16-Municipal Building (587,024) 300 5,400 5,250 103% - - - - (581,624) 22-Park and Recreation Capital 51,443 37 1,758 2,830 62% 292 1,750 123,500 1% 51,450 20-Police Capital 194,947 971 13,726 21,500 64% - 95 54,000 0% 208,577 21 -Public Works Capital 108,743 3,234 33,264 35,900 93% 7,181 53,847 92,595 58% 88,159 23-City-Wide Capital 652 11,029 99,998 416,600 24% 1,049 126,049 360,000 35% (25,398) Enterprise Funds* 51 -Water 695,723 429,579 1,558,687 2,694,979 58% 104,587 1,173,053 2,571,858 46% 1,081,357 52-Sewer 2,377,831 176,886 2,421,293 3,105,490 78% 45,829 716,943 2,919,989 25% 4,082,181 80-Recreation Center (195,087) 46,035 302,561 611,000 50% 39,339 349,392 691,738 51% (241,918) Library Funds 82-Library Operations 317,336 357,086 1,023,196 1,069,450 96% 52,219 648,942 1,060,275 61% 691,590 83-Library Debt Service - 20,836 705,591 720,800 98% - 185,400 720,800 26% 520,191 84-Library Development Fees - 3,979 339,614 341,000 100% 328,644 339,609 336,500 101% 5 Total Funds 6,172,614 2,461,728 16,120,457 23,993,918 67% 1,959,167 10,349,991 23,428,475 44% 11,943,080 As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. William Powell,Treasurer Prepared by the Finance Department *Fund Balance Equivalent Reviewed By: Agenda Item Number � Legal ❑ NB #3 EST. `� 1836 Finance ■ Engineer ❑ Tracking Number O'� 12 1f�l City Administrator ■ Consultant E]=W ADM 2011-64 `e Agenda Item Summary Memo Title: Cash Statements for September 2011 Meeting and Date: Administration Committee 11/17/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: CASH AND INVESTMENT SUMMARY-as of September 30,2011 CASH Cash-Operations Cash-Special Purpose IL Funds IL Funds Operations Aurora Special Purpose Grand Old Second Castle E-Pay Acct [MET Totals Old Second Castle IMET Earthmovers Totals Totals General Fund 01-General (2,402,725) - 1,558 1,995 2,334,931 (64,241) 2,381 44,996 15,711 123 63,211 (1,030) Special Revenue Funds 15-Motor Fuel Tax - - - - - - 799,996 - - 799,996 799,996 72-Land Cash (577,540) - (577,540) - - - (577,540) 85-Fox Industrial TIF 634,670 - 182,881 817,552 - - - 817,552 87-Countryside TIF 17,337 - 1,161,760 1,179,097 934,507 - - 934,507 2,113,604 88-Downtown TIF 206,662 - - 64,323 270,985 - - - 270,985 11-Fox Hill SSA 17,848 - - - 1,127 18,975 - 18,975 12-Sunflower SSA 12,504 - - - 1,939 14,443 14,443 Debt Service Fund 42-Debt Service (16,630) - - 308,160 291,530 - - - 291,530 Capital Funds 16-Municipal Building (581,924) - - (581,924) - - - (581,924) 20-Police Capital 205,154 - - 205,154 - - 205,154 21-Public Works Capital 89,562 - - 89,562 - - - - 89,562 23-City-Wide Capital (35,420) - - (35,420) - - 55,794 - 55,794 20,373 Enterprise Funds 51-Water 485,445 - 3,152 - 43,540 532,137 - - - - 532,137 52-Sewer 1,978,118 - 968 - 1,917,232 3,896,317 - - - - 3,896,317 Agency Funds 90-Developer Escrow 154,930 - - - - 154,930 - - - - 154,930 95-Escrow Deposit 231,393 - 3,895 - - 235,288 - - - - - 235,288 Total Citv Funds 419,382 - 9,573 1,995 6,0€5,892 6,446,842 936,888 844,993 71,505 123 1,853,509 8,300,351 Distribution% 5.05% 0.12% 0.02% 72.48% 11.29% 10.18% 0.86% 0.00% Library Funds 82-Library Operations 395,998 - - - - 395,998 - - - - - 395,998 83-Library Debt Service 499,356 - - 499,356 - - - - 499,356 84-Library Develp Fees - - - - 324,670 - - 324,670 324,670 Totals 895,354 - - 895,354 324,670 - 324,670 1,220,024 Distribution% 73.39% 26.61% Park and Recreation Funds 79-Parks and Recreation - 387,274 - 387,274 - - - 25 25 387,299 22-Park&Rec Capital 51,536 - - 51,536 - 158,449 - 158,449 209,984 80-Recreation Center (243,111) - (243,111) - - (243,111) Totals 195,698 - 195,698 158,449 25 158,474 354,172 Distribution% 55.26% 44.74% 0.01% �,`00 co. Reviewed By: Agenda Item Number J� Q 0-� Legal ❑ NB #4 EST. �, 1836 Finance ■ . `� Engineer ❑ Tracking Number L �l City Administrator ❑ Consultant El ADM 2011-65 kE Agenda Item Summary Memo Title: Resolution Closing Flex Spending Bank Account Meeting and Date: Administration Committee 11/17/11 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: CC 03/09/10 Action Taken: Approval of resolution opening account. Item Number: Resolution 2010-06 Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: 0 Memorandum To: Administration Committee EST. �Z _ 1836 From: Rob Fredrickson, Finance Director C ��)r,� y 4 Date: November 7, 2011 Subject: Flexible Spending Checking Account at Castle Bank tEKend:W CUUty In an effort to enhance administrative efficiency, by reducing bank reconciliations and transfers, it is the recommendation of staff that the Flexible Spending checking account at Castle Bank be closed. Instead, flex spending and health reimbursement payments and deposits would be performed out of the City's Main Depository account (which funds the Flex Spending Account) at Old Second, with no interruption of service to the City's employees. A resolution closing the account is attached for your consideration. Resolution No. 2011- A RESOLUTION AUTHORIZING THE CLOSING OF A FLEXIBLE SPENDING ACCOUNT WITH CASTLE BANK Whereas, the United City of Yorkville as part of its' employee benefits program established a flexible spending benefit to allow employees to have funds deducted pre-tax from their paychecks to be used toward qualified health expenses; and, Whereas, the City Council pursuant to Resolution No. 2010-06, adopted March 9, 2010, established special bank account number 0081017537 with Castle Bank to receive those funds used for reimbursement of employee contributions; and, Whereas, the City Council has been advised by its' Finance Director that this account, as a separate account, is no longer necessary as its' functions have been combined with another existing City account. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Resolution No. 2010-06 be and is hereby repealed and the City's Finance Director is hereby authorized to close account 0081017537 with Castle Bank. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR C/ry Reviewed By: Agenda Item Number O J Legal ❑ NB #5 1836 EST 1836 ■ Engineer ❑ Tracking Number City Administrator ■ Consultant ❑ a� cown�y 5ai ADM 2011-66 <CE �a'a ❑ Agenda Item Summary Memo Title: Audit RFP Meeting and Date: Administration Committee 11/17/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: 0 Cl United City of Yorkville 800 Game Farm Road BWT. 1836 Yorkville Illinois 60560 Telephone: 630-553-4350 <LE UNITED CITY OF YORKVILLE, ILLINOIS REQUEST FOR PROPOSALS AUDITING SERVICES ISSUED November 28, 2011 PROPOSALS DUE December 16, 2011, 5:00 P.M. United City of Yorkville Request for Proposal INTRODUCTION General Information The United City of Yorkville is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal years ending April 30, 2012 through April 30, 2014, with the option of auditing its financial statements for each of the subsequent two fiscal years subject to an annual review by the City Council. These audits are to be performed in accordance with generally accepted auditing standards. There is no expressed or implied obligation for the United City of Yorkville to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, please submit your proposal no later than 5:00 p.m. on Friday, December 16, 2011. Proposals may be submitted via e-mail to Rob Fredrickson, Finance Director, at rfredrickson(&yorkville.il.us or mailed in a sealed envelope to the following address: United City of Yorkville Attn: Rob Fredrickson—Finance Director 800 Game Farm Road Yorkville,Illinois 60560 Questions on the engagement or proposal can be submitted to the e-mail address listed above. The United City of Yorkville reserves the right to reject any or all proposals submitted. During the evaluation process, the City reserves the right to request additional information or clarifications from proposers, or to allow corrections of errors and omissions. The City may choose to interview the top firms prior to making a final decision. No subcontracting will be permitted. DESCRIPTION OF THE GOVERNMENT The United City of Yorkville is a non-home rule community, which operates under the Mayor/Council form of government. The City was formed in 1957, as a result of a merger between the Village of Yorkville and Bristol, and has served as the County Seat of Kendall County since 1859. The 2010 census reported a population of 16,921. The City provides a full range of municipal services with approximately 73 full-time, and 82 part-time employees working in public safety,public works,planning and zoning,parks and recreation, library services and general administration. The City maintains approximately 60 miles of streets and over 250 acres of park and green space. The City operates its own water distribution system with sewage treatment provided by the Yorkville Bristol Sanitation District. Fire protection services are provided by the Bristol Kendall Fire Protection District. The City has three Tax Increment Financing (TIF) districts (the Fox Industrial TIF will be terminated on December 31, 2011) and two blended component units: the Yorkville Public Library and the Yorkville Police Pension. Finance department staff consists of four full-time employees, which includes a director, two accounting clerks and one utility billing clerk. The City utilizes MSI software for its general ledger, accounts payable, accounts receivable,utility billing,payroll,human resource,building permit and cash register functions. 2 For additional information regarding the City and its finances, including copies the current budget and CAFR, please refer to the City's website at http://www.yorkville.il.us/dgpts fin.php. REQUIREMENTS OF PROPOSAL ETITIY TO BE AUDITED The United City of Yorkville is requesting an audit which includes all of the funds, accounts, capital assets, long- term debt and activities of the United City of Yorkville, including three TIF Districts and a Police Pension Fund. SCOPE OF WORK TO BE PERFORMED 1. The United City of Yorkville desires the auditor to express an opinion on the fair presentation of its basic financial statements,in conformity with generally accepted accounting principles. 2. The auditor will issue an "in relation to" opinion on the City's combining and individual fund statements and schedules. 3. The auditor shall be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board (GASB) as mandated by generally accepted auditing standards. 4. The Comprehensive Annual Financial Report (CAFR) is to be presented consistent with GASB and Government Finance Officers Association(GFOA) CAFR standards and practices. The City will submit the report to the GFOA CAFR award program. The auditor is responsible for preparing any responses to the GFOA regarding CAFR deficiencies,if any. 5. The auditor shall prepare the Comprehensive Annual Financial Report (CAFR), including drafting and typing such report. The most recent version of the City's CAFR can be found on the City's website at htip://www.yorkville.il.us/documents/FYE2011CAFR 001.pdf. 6. The auditor shall prepare a letter to management with suggestions for improvements of accounting procedures, compliance requirements, and internal controls for the City's consideration, if deemed necessary. 7. The auditor shall be available for meeting(s) with the City's elected officials to answer questions regarding the proposal, completed audit and/or letters to management,if requested. 8. The audit partner, or their designee, shall be available for consultation and questions which arise throughout the year regarding accounting, compliance or internal control issues. 9. The auditor shall prepare a Single Audit Report as required by the Single Audit Act, if required. A Single Audit is currently not required,however this will be determined on an annual basis. 10. The auditor shall prepare a report on compliance relating to the City's three TIF districts, as required by State statute. 11. The auditor will be responsible for the compilation of the Illinois Comptroller's Annual Financial Report for the City. 12. The auditor shall provide to the City all audit adjustments, including appropriate back-up, and will meet with staff to discuss these final adjustments. 3 REPORTS TO BE ISSUED Following the completion of the audit,the auditor shall issue the following reports: 1. Twenty(20)bound copies and one searchable pdf of the Comprehensive Annual Financial Report. 2. Fifteen (15) bound copies and one searchable pdf of the Compliance with Public Act 85-1142 for the City's three Tax Increment Financing(TIF)districts. 3. Fifteen (15) copies and one searchable pdf of the Management Letter with suggestions for improvement of accounting procedures, compliance requirements and internal controls for the City's consideration, if deemed necessary. 4. Fifteen(15)bound copies and one searchable pdf of the Single Audit report, if required. TIME REQUIREMENTS Each of the following shall be completed by the auditor no later than the dated indicated. 1. Detailed Requested Items List The auditor shall provide the City with a list of all schedules to be prepared by management by April 1St 2. Fieldwork The City desires final fieldwork to be conducted in late July. Preliminary fieldwork is encouraged, but not required. 3. Draft and Final Reports The City desires that a draft of the audit be submitted no later than September 1St. All reports(CAFR,TIF Compliance Reports,Report on Internal Controls, etc.)must be delivered to the City in final and complete form by no later than October 15th of each year. 4. Presentation The City requires that the auditors attend the City Council audit presentation in late October or early November. If the proposing firm foresees any issues with meeting this schedule, it should be noted in the proposal with an alternate schedule. ASSISTANCE TO BE PROVIDED TO THE AUDITOR Finance Department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The City will provide the auditor with reasonable workspace, table and chairs. The auditor will also be provided with access to one telephone and fax line, and photocopying facilities. The preparation of confirmation letters and requested materials, at the request of the auditor, will be the responsibility of the City. Finance staff will also prepare the Letter of Transmittal, Management's Discussion&Analysis and the Statistical Section of the CAFR. 4 PROPOSAL SUBMISSION: In addition to the forms included in this RFP, any firm submitting a proposal shall include documentation and information that demonstrates their ability and details the necessary systems, programs, processes, to provide a comprehensive audit of the United City of Yorkville's financial statements. Please provide a proposal with the following sections: 1. Title Paae—the title page shall show the request for proposal's subject; the firm's name and address; the name and telephone number of a contact person; and the date of the proposal. 2. Detailed Technical Proposal — please see below for details and requirements regarding the technical proposal. 3. References - Proposers shall provide the City with the names and contact information of three (3) professional references for which similar municipal audit services have been provided. The proposer shall grant the City permission to contact said references and ask questions regarding prior work performance. 4. Fee Proposal—proposed fees should be presented using the Fee Proposal Form. The proposed fees shall be the maximum, not to exceed fee for each fiscal year shown. The proposed maximum fees are to contain all direct and indirect costs, including all out-of-pocket expenses. Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with the firm's proposal. Final payment will be made after the receipt of the Comprehensive Annual Financial Report(CAFR). 5. Certifications - All certifications and forms in Section H must be completed and submitted with the proposal. Technical Proposal 1. General Requirements The purpose of the technical proposal is to demonstrate the qualifications, competence and capacity, of the firms seeking to undertake an independent audit of the United City of Yorkville in conformity with the requirements of this request for proposal. As such,the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. The technical proposal should address, at minimum, all the points outlined in the request for proposal. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirement of the request for proposal. While additional data may be presented, the following subjects, item numbers two through five must be included. They represent criteria against which the proposal will be evaluated. 2. Independence The firm shall provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards. The firm shall give the City written notice of any professional relationships entered into during the period of this agreement should it be thought to cause a conflict of interest. 3. Firm Qualifications and Experience The proposal shall state the size of the firm,the size of the firm's governmental audit staff,the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement. 5 4. Partner, Supervisory and Staff Qualifications and Experience The firm should identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement and indicate whether each such person is registered as a certified public accountant in Illinois. The firm also should provide information on the government auditing experience of each person. The firm should provide as much information as possible regarding the number, qualifications, experience and training of the specific staff to be assigned to this engagement. 5. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed. Proposers will be required, at minimum, to provide the following information on their audit approach: • Description of audit approach. • Level of staff and number of hours to be assigned to each proposed segment of the engagement. • Approach to be taken to gain and document an understanding of the City's internal control structure. EVALUATION OF PROPOSALS Proposals will be evaluated on the basis of which proposer meets the requirements of the United City of Yorkville. Critical factors include technical expertise,qualifications of the firm and audit team, and fee. The City Council will consider final acceptance of the proposal, under the recommendations of the Finance Director and City Administrator. Indemnification - The selected contractor shall indemnify and hold harmless the United City of Yorkville ("City"), its council members, officers, directors, agents, employees, representative and assigns, from lawsuits, actions, costs (including attorney's fees), claims or liability of any character, incurred due to the alleged negligence of the Contractor, brought because of any injuries or damages received or sustained by any person, persons or property on account of any act or omission, neglect or misconduct of said Contractor, its officers, agents and/or employees arising out of, or in performance of any of the provisions of the Contract Documents, including and claims or amounts recovered for any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act: or any other law, ordinance, order or decree. In connection with any such claims, lawsuits, actions or liabilities, the City, its trustees, officers, directors, agents, employees, representatives and their assigns shall have the right to defense counsel of their choice. The Contractor shall be solely liable for all costs of such defense and for all expenses, fees,judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities. The Contractor shall not make any settlement or compromise of a lawsuit or claim, or fail to pursue any available avenue of appeal of any adverse judgment, without the approval of the City and any other indemnified party. The City or any other indemnified party, in its or their sole discretion, shall have the option of being represented by its or their own counsel. If this option is exercised, then the Contractor shall promptly reimburse the City or other indemnified party, upon written demand, for any expenses, including but not limited to court costs, reasonable attorneys' and witnesses' fees and other expenses of litigation incurred by the City or other indemnified party in connection therewith. 6 II-REQUIRED PROPOSAL SUBMISSION DOCUMENTS 7 CONTRACTOR CERTIFICATIONS 1. Insurance. The undersigned certifies that it has all insurance coverages required by law or would normally be expected for the work to be performed and a copy shall be filed with the City upon request by the City for approval by the City. 2. The undersigned; A. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65,Act 5,paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act(775 ILCS 5/2-105(A) (4)a copy of which shall be provided to the City upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act(775 ILCS 5/2-105) E. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246,U.S.C.A. Section 2000e n.114(September 24, 1965) 3. All work under this contract shall be executed in accordance with all applicable federal, state, and City laws, ordinances,rules and regulations which may in any manner affect the performance of this contract. Dated: Contractor: By: Title: 8 REFERENCES ORGANIZATION ADDRESS CITY, STATE,ZIP PHONE NUMBER CONTACT PERSON DATE OF PROJECT ORGANIZATION ADDRESS CITY, STATE, ZIP PHONE NUMBER CONTACT PERSON DATE OF PROJECT ORGANIZATION ADDRESS CITY, STATE,ZIP PHONE NUMBER CONTACT PERSON DATE OF PROJECT Proposer's Name& Title: Signature and Date: 9 FEE PROPOSAL SCHED ULE OF PROFESSIONAL FEES FOR THE A UDIT OF THE FINANCIAL STATEMENTS AS OF APRIL 30TH FOR THE FISCAL YEARS LISTED BELOW- United City of Yorkville audit: 2012 2013 2014 2015 2016 Police Pension audit: 2012 2013 2014 2015 2016 TIF Compliance reports: 2012 2013 2014 2015 2016 Single Audit(if required): 2012 2013 2014 2015 2016 SCHEDULE OF PROFESSIONAL FEES FOR ADDITIONAL SERVICES, Quoted Hourly Rates for the Fiscal Years listed below: 2012 2013 2014 2015 2016 Partner $ $ $ $ $ Manager $ $ $ $ $ Supervisor $ $ $ $ $ Staff $ $ $ $ $ Clerical $ $ $ $ $ Firm Name: Address: Signature: Date: Printed Name: Title: Phone Number: CO.y Reviewed By: Agenda Item Number J= 0-� Legal ❑ NB #6 ll Finance ■ EST. I= 1636 Engineer ❑ g Tracking Number y City Administrator ❑ rl ® Consultant ❑ W. `,�, ADM 2011-67 LCE Agenda Item Summary Memo Title: Levy Year 2011 Special Tax Requirements & Special Tax Abatements for SSAs Meeting and Date: Administration Committee 11/17/11 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: The abatement ordinance for Autumn Creek SSA 2005-108 was not available at the time of packet creation. It will be distributed at the meeting. J& DAVID T USSIG ML & ASSOCIATES Public Finance and Urban . . 5000 Birch Street, Ste. 6000, Newport Beach, CA 92660 Phone: 949.955.1500/ Fax: 949.955.1590 November 9, 2011 Mr. Rob Fredrickson United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Rob: The following are the Levy Year 2011 Special Tax Requirements and Special Tax Abatements for the United City of Yorkville Special Service Areas ("SSA") listed below: Maximum Special Tax (Per Bond Special Tax Special Tax Ordinance) Requirement Abatement SSA No. 2003-100 $633,328.00 $510,539.44 $122,788.56 SSA No. 2003-101 $607,184.00 $484,972.32 $122,211.68 SSA No. 2004-104 $2,551,564.00 $839,725.72 $1,711,838.28 SSA No. 2004-107 $737,632.00 $684,516.14 $53,115.86 SSA No. 2005-109 $3,181,986.00 $1,298,171.08 $1,883,814.92 If you should have any questions,please do not hesitate to contact me. Sincerely yours, Donna Segura Manager KACLIENTS2\Yorkvi1le\District Adininistration\Abatement 2011.docx Newport Beach• Riverside•San Francisco•Dallas,TX J& DAVID TAUSSIG .. Pft & ASSOCIATES Public Finance and Urban . . 5000 Birch Street, Ste. 6000, Newport Beach, CA 92660 Phone: 949.955.1500 /Fax: 949.955.1590 MEMORANDUM November 9, 2011 TO: Rob Fredrickson,United City of Yorkville FROM: Donna Segura, Manager SUBJECT: United City of Yorkville Special Service Area 2004-106 This memorandum is being prepared in connection to financial and administrative obligations of Special Service Area No. 2004-106 ("SSA No. 2004-106") of the United City of Yorkville (the "City") resulting from the sale of the $12,205,000 Variable Rate Demand Special Tax Bonds, Series 2004 issued in July 2004. The amount levied and abated for Levy Year 2011 will be based on actual interest payable on the bonds, letter of credit and remarketing fees, and administrative expenses. Pursuant to Section 4.8(a) of the Trust Indenture, on a monthly basis, as needed, the City will deliver a bill each property owner of record in SSA No. 2004-106 the amount necessary to satisfy the special tax requirement. Hence, there will be no special tax levied and collected by Kendall County. The amount to be levied and abated by the City for Levy Year 2011 is based on anticipated debt service payments and administrative expenses. Based on the analysis below, the special tax to be levied and collected by the City will be $804,012. Debt Service Estimated Debt Service(09/01/11 - 03/01/13) ($766,650) Outstanding Principal $10,222,000 Average Interest Rate 5.00% Administrative Expenses ($37,362) Surplus/(Deficit) ($804,012) Levy Year 2011 Amount Levied Per Special Tax Bond Ordinance Requirement Abatement $2,000,000 $0 $2,000,000 Newport Beach•Riverside•San Francisco•Dallas,TX a. ORDINANCE NO. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003-100 (RAINTREE VILLAGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2003-55 on August 12, 2003 (the "Bond Ordinance") which: (i) provided for the issuance of $7,150,000 of Special Service Area Number 2003-100 Special Tax Bonds, Series 2003 (Raintree Village Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2003-100 (the "Special Service Area"); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area (the "Special Tax Roll") prepared by David Taussig & Associates, Inc. (the "Consultant"). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined that the Special Tax Requirement for 2011 for the Bonds is $510,539.44 and the 2011 Levy for Special Taxes is $510,539.44 (which complies with the Kendall County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $633,328.00 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $122,788.56 of such Special Taxes is hereby abated resulting in a 2011 calendar year levy of$510,539.44. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003-100 Administration Report Levy Year 2011 dated November 14, 2011 prepared by David Taussig & Associates, Inc. and the 2011 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of 12011. Mayor ATTEST: City Clerk Published in pamphlet form ) 2011. ORDINANCE NO. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003-101 (WINDETT RIDGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City'), as follows: (a) The City Council of the City adopted Ordinance No. 2003-57 on August 12, 2003 (the "Bond Ordinance") which: (i) provided for the issuance of $6,900,000 of Special Service Area Number 2003-101 Special Tax Bonds, Series 2003 (Windett Ridge Project) (the"Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2003-101 (the "Special Service Area"); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area(the "Special Tax Roll"). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined (i) that the Special Tax Requirement for 2011 for the Bonds is $484,972.32 and the 2011 Levy for Special Taxes is $484,972.32 (which complies with the Kendall County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $607,184.00 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $122,211.68 of such Special Taxes is hereby abated resulting in a 2011 calendar year levy of$484,972.32. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003-101 Administration Report Levy Year 2011 dated November 14, 2011 prepared by David Taussig & Associates, Inc. and the 2011 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of , 2011. Mayor ATTEST: City Clerk Published in pamphlet form 32011. 3 C• Ordinance No. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004-104 CENTRAL GRANDE RESERVE AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2004-61 on October 26, 2004 (the "Bond Ordinance") which: (i) provided for the issuance of Special Service Area Number 2004-104 Central Grande Reserve Special Tax Bonds, Series 2004 (MPI Grande Reserve Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2004-104 Central Grande Reserve (the "Special Service Area"); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2004-104 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant"). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2011 for the Bonds is $839,725.72 and the 2011 Levy for Special Taxes is $839,725.72. Section 2. Of the $2,551,564.00 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $1,711,838.28 of such Special Tax is hereby abated resulting in a 2011 calendar year levy of$839,725.72. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2004-104 Administration Report Levy Year 2011 dated November 14, 2011 prepared by David Taussig & Associates, Inc. and the 2011 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of , 2011. Mayor ATTEST: City Clerk Published in pamphlet form ) 2011. 3 d• ORDINANCE NO. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004-107 (RAINTREE VILLAGE II PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2005-91 on November 22, 2005 (the "Bond Ordinance") which: (i) provided for the issuance of not to exceed $10,000,000 of Special Service Area Number 2004-107 Special Tax Bonds, Series 2005 (Raintree Village II Project) (the "Bonds"), of the United City of Yorkville, which were issued in the original principal amount of $9,400,000 for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2004-107 (the "Special Service Area"); and (ii)provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2004-107 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant"). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2011 for the Bonds is $684,516.14 and the 2011 Levy for Special Taxes is $684,516.14. Section 2. Of the $737,632.00 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $53,115.86 of such Special Taxes is hereby abated resulting in a 2011 calendar year levy of$684,516.14. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2004-107 Administration Report Levy Year 2011 dated November 14, 2011 prepared by David Taussig & Associates, Inc. and the 2011 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of 12011. Mayor ATTEST: City Clerk Published in pamphlet form ) 2011. 3 Ordinance No. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2005-109 (BRISTOL BAY I PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2006-18 on March 14, 2006 (the "Bond Ordinance") which: (i) provided for the issuance of Special Service Area Number 2005-109 Special Tax Bonds, Series 2006 (Bristol Bay I Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2005-109 (the "Special Service Area"); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2005-109 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant"). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2011 for the Bonds is $1,298,171.08 and the 2011 Levy for Special Taxes is $1,298,171.08. Section 2. Of the $3,181,986.00 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $1,883,814.92 of such Special Tax is hereby abated resulting in a 2011 calendar year levy of$1,298,171.08. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2005-109 Administration Report Levy Year 2011 dated November 14, 2011 prepared by David Taussig & Associates, Inc. and the 2011 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of , 2011. Mayor ATTEST: City Clerk Published in pamphlet form , 2011. T• Ordinance No. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004-106 TOTAL GRANDE RESERVE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2004-33 on June 22, 2004 (the "Bond Ordinance") which: (i)provided for the issuance of Special Service Area Number 2004-106 Total Grande Reserve Variable Rate Demand Special Tax Bonds, Series 2004 (MPI Grande Reserve Project) (the "Bonds") of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area; and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of and interest on the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance for collection by the County Clerk of Kendall County to the extent procedures are in place for the City to levy, bill and collect the Special Tax directly or through the Consultant of the City. (b) The City hereby determines that procedures are in place for the City to provide for the direct levying, billing and collecting of the Special Taxes. Accordingly, the projected Special Tax Requirement for the Bonds which is to be levied and collected by the County is $0.00. The projected Special Tax Requirement for the Bonds which is to be levied, billed and collected by the City is $804,012, all as set forth in the memo of the Consultant delivered to the City and attached hereto. As set forth in such memo, the City will bill and collect such Special Taxes on a monthly basis, as needed, to pay debt service due on the Bonds, letter of credit and remarketing fees and administrative expenses. Section 2. Of the $2,000,000 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $2,000,000 of such Special Tax is hereby abated resulting in a 2011 calendar year levy of$0.00. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes for levy year 2011 as provided in Section 2 of this Ordinance. Section 4. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of 32011. Mayor ATTEST: City Clerk Published in pamphlet form ) 2011. 3 `,��D CO. Reviewed By: J� 0 Le al El Agenda Item Number 0 -0 Finance 1:1 NB #7 EST , ' 1836 Engineer ❑ City Administrator Human Resources ❑ Tracking Number cwmys ar '4 ® Community Development ❑ Police ❑ ADM 2011-68 <4.E ��'� Public Works ❑ Agenda Item Summary Memo Title: Contingency authorization for IT equipment Meeting and Date: Administration—November 17, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Cory 0 Memorandum To: Administration Committee EST. 1836 From: Bart Olson, City Administrator CC: Date: November 10, 2011 K-11 Ca y e Subject: Contingency authorization for IT equipment L E Summary Request for money to be spent out of the contingency line-item for the City's administration server and Police Department server. Contingency line-item The contingency line-item's purpose is to fund emergency or unexpected expenses throughout the year. The City's approved policy on expenditure of these fund is anything less than $10,000 can be signed off on by the Mayor, and everything above $10,000 must be approved by City Council. At the beginning of the year, the contingency line-item had $10,000 of funds. After the departure of the Community Relations Officer, the City Council authorized the movement of $50,000 in funds from the Community Relations Department to the contingency line-item, which means the total approved total is $60,000. IT Equipment Early in the fiscal year, Executive Assistant Schwartzkopf and our IT consulting company, Software Performance Specialists, identified three immediate, expensive issues with our IT system. Our City server and Police Department server were both obsolete and approaching failure and our New World Software system and all of our mobile data terminals in squad cars would need to be updated in the next two years. With this information in hand, staff set out to replace the City server and the Police server. The City server has been complete, and most of the ancillary work with the server (workstation compatibility issues) has been resolved. We anticipate the replacement and upgrade of one or two more computers in City Hall to complete the "City server" project. The Police server is still being mapped out, prior to being quoted, ordered and installed. We anticipate a December/January install date for the police server. In the meantime, we have created a new backup process for the police server. The total cost of all the City and Police server components (servers, racks, tape drives, archiving solutions, software upgrades, computer upgrades, consultant hours for install, etc.) will be between $50,000 and $70,000. This total expense is made of a few dozen invoices which range from a few hundred dollars for a software upgrade, to a few thousand dollars for items like consultant's time to do the install, or for the server unit themselves. This means all of these individual components can be approved at the staff level. The "IT" budget Line-item 01-640-54-00-5462 for professional services in the admin services budget has $50,000 in approved funds. These funds are supposed to be used for the hours associated with GIS and IT consultants throughout the year. When we cut our personnel associated with both of those functions, we estimated we could provide (reduced) GIS and IT services for$50,000 per year. At the end of the year, we do expect the consultants hours for GIS and IT to be below $50,000. However,because we ran into these unexpected server expenses, we have been coding the server-related expenses out of this line-item, causing it to be at$50,000 half-way though the year. The additional $60,000 in contingency funds could be tapped for the servers with City Council authorization. The specific proposal for moving budgeted funds Since the City server costs have already been incurred, it would be easiest to take those costs and code them into the contingency line-item. This requires City Council approval, and is what the staff is recommending. The outcome of this approval would be that the contingency line-item would be spent for the year, and the remainder of the costs associated with the police server would be coded out of the aforementioned professional services line-item. This proposal could be accomplished through a simple City Council motion to authorize the staff to use contingency funds for the City server project. Reviewed By: Agenda Item Number p' O Legal ❑ OB #1 Finance ❑ esr. �, isas Engineer ❑ ® lw�al City Administrator ■ Tracking Number ° tea° ® Consultant El�W ry ADM 2011-40 Human Resources ■ Agenda Item Summary Memo Title: Employee Manual Revision Meeting and Date: Administration Committee— 11/17/2011 Synopsis: First draft of revised employee manual. Council Action Previously Taken: Date of Action: 02/10/2004 Action Taken: Approval of current employee manual. Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Meghan Ostreko Human Resources Name Department Agenda Item Notes: See attached memo. C/.),.y Memorandum EST. ` 1835 To: Administration Committee 1( From: Meghan Ostreko, HR Manager . 5x Date: September 8, 2011 Subject: Employee to ee Manual Revision �. E J At the August 18, 2011 Administration Committee meeting the Committee was presented with a copy of the City's current employee manual, which was approved in 2004, and a memo (attached) summarizing several proposed revisions to the manual. Attached here is a track changes copy reflecting all revisions made to the original manual, as well as a clean copy of the revised manual. (Please note that this document will require final review by a labor attorney before it is formally adopted.) Below is a brief summary of the changes that are reflected on the track changes copy. Some sections were lifted from other municipalities' employee manuals; I have made notations on those sections. Section I Introduction 1) New Section 1.1 Purpose and Mission Statement • Taken from Geneva's handbook. 2) New Section 1.2 Application and Scope • Taken from Geneva's handbook. 3) New Section 1.3 Gender and Singular Plural Clause • Taken from Geneva's handbook. 4) New Section 1.4 Collective Bargaining • Taken from Geneva's handbook. 5) New Section 1.5 Amendments • Taken from Geneva's handbook. 6) New Section 1.6 History of City • New to the employee manual; Language taken from City website. 7) New Section 1.7 Vision Statement • New to the employee manual;Vision Statement has been approved by City Council. 8) New Section 1.8 Definitions, Roles and Responsibilities • Replaces old Sections 1.3 and 1.4 • Some of language was taken from the current employee manual, and other language was recommended by staff. 9) 1.8.4.4 Part-Time employees • Deleted the requirement in the employee manual that part-time employees who work more than 1,000 hours must be approved by City Council. 1 • Argument—This is dictated by the budget process, and at staff discretion based on authorized hires. If the IMRF benefits can be covered by the budget,then no additional authorization shall be required. 10) 1.8.4.5 Volunteers • Section added because we want certain policies to apply to volunteers, and we need to define a"volunteer". Section 2 Personal Conduct 11) New Section 2.1 Standards of Conduct • Taken from St. Charles' handbook 12) New Section 2.1.1 Ethics Ordinance • Introductory paragraph taken from St. Charles' handbook. • Bullet points taken from Yorkville's code. 13) New Section 2.1.2 Gift Ban • Introductory paragraph taken from St. Charles' handbook. • Bullet points taken from Yorkville's code. 14) New Section 2.1.3 Fraud Prevention • Taken from the Association of Certified Fraud Examiners. • This section was added in response to an audit comment noting our lack of policy as a material weakness. 15) New Section 2.2 Compliance with Rules and Regulations (and subsections) • Taken from St. Charles' handbook. 16) New Section 2.3 Anti-Harassment Policy • Moved from old Section 3.2 -no changes. 17) New Section 2.4 Threats,Violence, and Weapons(and subsections) • Moved from old Section 3.12. • Changes to only 2.4.4 and 2.4.5 (paragraph form of text, as opposed to bullet points) 18) New Section 2.5 Conflict of Interest(and subsections) • Taken from St. Charles' handbook • Needs to be thoroughly reviewed by the labor attorney, as we are going above and beyond the requirements of the Illinois Municipal Code. 19) New Section 2.6 Solicitation and Distribution • Taken from St. Charles' handbook. • Replaces old Section 3.5. 20) New Section 2.7 Drug Free Work Place Policy(and subsections) • Replaces old Sections 3.3 and 3.4 • Taken from sample policies provided by Shelley Britt with Rush Copley occupational health. This policy is much more detailed than our current policy. • Per the direction of the Administration Committee, the City will remain a zero tolerance employer; no second chance work agreement will be offered to employees testing positive. • Sections 2.7.1.5 and 2.7.2.6 were taken from the old employee manual Section 3.3.5 2 • Added section 2.7.3 to clarify bargaining unit issues. • Section 2.7.1.2.4 provides for Random Testing of non-DOT employees, which is not something we currently do.The cost associated with random testing should be taken into account when considering if we want to implement random testing for non-DOT employees. This is required for DOT employees (those who hold a CDL license). • Consortium Management Fee=$20 per employee per year • Drug Test=$25 /Breath Alcohol Test=$20 21) New Section 2.8 Smoking and Tobacco • Added in conjunction with state act. 22) New Section 2.9 Uniforms and Dress Code • Replaces old Section 8.5. 23) New Section 2.10 Information Systems Use Policy(and subsections) • Drafted by our former IT Specialist. • Replaces old Sections 4.4 and 4.5. 24) New Section 2.11 Emergency Contact Information • Taken from St. Charles' handbook. 25) New Section 2.12 Outside Employment(and its subsections) • Taken from St. Charles' handbook. • Replaces old Section 3.7. 26)New Section 2.13 City Identification Cards • First two paragraphs taken from St. Charles' handbook. • Added last paragraph regarding identification cards for sworn police personnel. State law requires that police retirees obtain identification from the department that they retired from in order to carry a concealed weapon. It has been our past practice to issue such IDs. 27) New Section 2.14 Tardiness and Absenteeism(and subsections) • Taken from St. Charles' handbook. • Replaces old Section 7.4. 28) New Section 2.15 Disciplinary Action • Taken from St. Charles' handbook. 29) New Section 2.16 Grievances • Taken from St. Charles' handbook and is large shift from current practices. • Replaces old Section 5.3. 30) New Section 2.17 Safety and Health • Introductory paragraph taken from old Section 3.11. • New Section 2.17.1-10 (and subsections)taken from St. Charles' handbook. • New Section 2.17.6 Transitional Duty-This covers light duty,which is something that we've been unwilling to consider in the past. • New Section 2.17.8 Vehicle Use- Second paragraph in Section 2.18.8 taken from Yorkville's current driver's license policy(audits per year,responsibility to notify their supervisor within 24 hours of license suspension). 3 31) New Section 2.18 Workplace Inspections • Moved from old Section 3.10 -no changes. 32) New Section 2.19 Nepotism(and subsections) • Moved from Old Section 3.14. • Enforcement responsibility changed from the Mayor to City Administrator. 33) New Section 2.20 Dissemination of Information Policy • Taken from City Code. 34) New Section 2.21 Use of Telephones • New Section 2.21.1 Personal Use of Telephones moved from Old Section 4.6 • New Section 2.21.2 Cell Phone Policy approved by Council, and included in its entirety. Section 3 Direct Compensation 35) New Section 3.1 Regular Hours of Work • Replaces old Section 6.1 • New Section 3.1.1 has changes to work schedule, including mandatory lunch breaks. 36) New Section 3.1.2 Work Schedule • Moved from old Section 6.1.3—no changes. 37) New Section 3.2 Shift Changes • Moved from old Section 6.2—no changes. 38) New Section 3.3 Payroll Administration • Moved from old Section 6.3. • Item "c"regarding scheduled withholding of payments to voluntary benefits was added. 39) New Section 3.4 Callback Pay • Moved from old Section 6.4. • Changes regarding when exempt employees may take personal time off(for time worked for callbacks) listed. • Changed authority for allowing callback time off from Mayor only to the department head's supervisor. 40)New Section 3.5 Overtime Scheduling • Moved from old Section 6.5—no changes. 41)New Section 3.6 Overtime Pay • Moved from old Section 6.6—no changes. 42)New Section 3.7 Compensation Time • Added to manual per the previously approved policy. 43) New Section 3.8 Public Works On Call • Moved from old Section 6.1.2. • Changes include stipulating on call is for all weekends and City holidays. 44) New Section 3.9 Flex Time • Was not addressed in old manual. 4 45) New Section 3.10 Longevity Pay • Moved from old Section 6.9. • Changes include clarification that longevity is only for non-bargaining employees and is based on continuous years of service. 46) New Section 3.11 Performance Evaluations and Pay Adjustments • Replaces old Sections 3.6 and 6.8. • The addition of pro-rata raises is new and based on our experiences. Section 4 Employment Benerits 47) New Section 4.1 Vacation Leave • Moved from old Section 7.1. • Changes include giving exempt employees more vacation time than non-exempt employees, clarifying how vacation can be rolled over from year to year, and allowing a limited amount (half of the first years accrual)of vacation time to be used at the 6-month mark(instead of after one year). 48) New Section 4.2 Holiday Leave • Moved from old Section 7.2. • Changes to only the format of the section(from bullet points to paragraph format) and clarification of the definition of a holiday. 49) New Section 4.3 Sick Leave(and subsections) • Moved from old Section 7.3. • In New Section 4.3.1 Purpose, Allowance and Accumulation, definition of sick leave was changed to include eligibility for doctor's appointments, and for the illness of an immediate family for which the person is primary care giver. Prior, the sick leave policy did not allow for that, although it was generally accepted. • New Section 4.3.2 Medical Verification taken from another City's employee manual. Track changes provided. • New Section 4.3.3 Sick Leave Utilization has additional language allowing supervisors to discipline if medical verification is not provided for sick time used. • New Section 4.3.4 remains unchanged. • New Section 4.3.5 is new to the employee manual, as the sick leave donation policy was attached to the old manual as an appendix. 50) New Section 4.4 Reporting of Absences • Moved from old Section 7.4—no changes. 51) New Section 4.5 Duty-related Illness of Leave • Moved from old Section 7.5—no changes. 52) New Section 4.6 Emergency and Bereavement Leave • Moved from old Section 7.6. • Allows City Administrator to approve exempt or supervisory employees to take emergency leave (instead of the Mayor). 53) New Section 4.7 Military Leave • Moved from old Section 7.7—no changes. 5 54) New Section 4.8 Illinois Family Military Leave • Text taken from state statute. 55) New Section 4.9 Jury Duty Leave • Moved from old Section 7.8—no changes. 56) New Section 4.10 Time Off for Voting • Text taken from state statute. 57) New Section 4.11 Unpaid Discretionary Leave • Replaces old Section 7.9. • New text taken from another city. 58) New Section 4.12 Employee Benefits Information • Moved from old Section 8, with change to add family status to a list of required information. 59) New Section 4.13 Health and Life Insurance Coverage • Moved from old Section 8.1. • Decreases the required amount of days to notify employees of changes to health insurance. 60) New Section 4.14 Pension Participation(and subsections) • Moved from old Section 8.2, with minor clarification. 61)New Section 4.15 Continuation of Medical Coverage • Moved from old Section 8.4—no changes. 62) New Section 4.16 Education and New Section 4.17 Training and Certificates • Moved from old Section 8.6 (Education and Training). • The old section has been split into two approval processes—one for college courses, and one for training, seminars and certificate programs. 63)New Section 4.18 Lodging and Meal Expenses • Moved from Old Section 8.7,with some changes. • New Section 4.18.1 Family Lodging and Accompaniment taken from St. Charles' handbook. 64) New Section 4.19 Internal Revenue 457 Deferred Compensation Plan • Moved from Old Section 8.8. 65)New Section 4.20 Additional Voluntary Benefits • Taken from another City. 66)New Section 4.21 Victim's Economic Security and Safety Leave Act • Taken from St. Charles' handbook. 67) New Section 4.22 Blood Organ Donation Leave(and subsections) • Taken from St. Charles' handbook. 68) New Section 4.23 School Conference and Activity Leave(and subsections) • Taken from St. Charles' handbook. 69) New Section 4.24 Disability Leave(and subsections) • Taken from St. Charles' handbook 6 70) New Section 4.25 Family and Medical Leave(and subsections) • Moved from Old Section 7.10. 71) New Section 4.26 Benefits While on Leave • Moved from Old Section 7.11. Section S Separation 72) New Section 5.1 Termination • Taken from St. Charles' handbook, with changes to reflect Mayoral responsibilities. 73) New Section 5.2 Employee Termination and Exit Process (and its subsections) • Taken from St. Charles' handbook. 74) New Section 5.2.5 Layoff • Moved from Old Section 2.4. 75) New Section 5.2.9.1 Continuation of Benefits for Retirees • Added to address municipal continuation requirement. 76) New Section 5.3 Use of Paid Time • Taken from St. Charles' handbook. 77) New Section 5.4 Vacation Pay-Out at Termination • Taken from St. Charles' handbook. 78) New Section 5.5 Sick Pay-Out at Termination • Moved from Old Section 7.3.6—no changes. 79)New Section 5.6 COBRA(and subsections) • Taken from St. Charles' handbook. 80) New Section 5.7 Re-Employment • Taken from another city. 81) New Section 5.8 References • Taken from Geneva's handbook. Section 6 Personnel Practices 82) New Section 6.1 Equal Employment • Moved from Old Section 3.1. • Only change adds Mayor to assist in civil rights compliance. 83) New Section 6.2 Recruitment(and subsections) • Taken from old Section 2.1.1. 84) New Section 6.3 Hiring Policy(and subsections) • Taken from approved hiring policy and recommendations from staff. • Replaces old Sections 2.1.2 and 2.1.3. 7 85) New Section 6.5 Job Description Creation(and subsections) • Created by staff. 86) New Section 6.6 Personnel Records (and subsections) • Moved from Old Section 2.2,with changes. 87) New Section 6.7 Probationary Period • Moved from Old Section 2.3, with changes. 8 `„��o_D Cii Memorandum ,-- i EST. �e '--. 1836 - To: Administration Committee 0 From: Meghan Ostreko, HR Manager Date: August 9, 2011 <cE �°'� Subject: Employee Manual Revision Attached is a copy of the City's current Employee Manual as it was approved in early 2004. Since its approval there have been various policy revisions, which are also attached. There have also been multiple policies approved relating to personnel that were not approved as amendments to the Manual. In its current state the Employee Manual is incomplete and inefficient as it lacks clear standards for personnel practices and fails to address many labor laws. Staff has been working on a revised Employee Manual over the past several years by researching other municipalities' manuals, studying labor laws and discussing past experiences and practices. Many of the revisions are relatively minor, made to provide clarification on some issues or to provide information where there previously was none. Other minor revisions include relieving the Mayor of some of the day-to-day duties and shifting that burden to the City Administrator. There are also several areas of change that will have a much larger impact and will be a shift from current practices. These areas require some extra attention and discussion and are highlighted below: • Part-Time Employees (Section 1.4.4) o Staff is proposing removing the requirement that part-time employees must receive City Council approval to work more than 1,000 hours per year. Employees expected to work more than 1,000 hours must be enrolled in IMRF. This should be approved by the budget process rather than on an individual basis. If IMRF benefits can be covered by the budget than no additional authorization should be required. • Drug Free Work Place Policy (Section 3.3 & 3.4) o Staff is proposing expanding this section to provide much more detail into our drug testing policies and practices. Separate (but similar) policies for DOT (those holding a CDL license) and non-DOT employees. Up for consideration is random testing for non-DOT employees, which is not something we currently do (it is required for DOT employees), and offering a last chance work agreement for employees testing positive for drugs and/or alcohol. • Information Systems Use Policy (Section 4.4 & 4.5) o Our former IT Specialist drafted an updated and expanded policy in regards to computer and internet use and monitoring, as well as email use and retention and electronic records retention. One specific change is allowing limited personal internet use during break or non-work times in recognition that this is a currently accepted practice (examples: checking personal email or shopping online during lunch). • Grievances (Section 5.3) o Staff is proposing implementing a three step process for filing a grievance and shortening the time frames in which a grievance must be presented and responded to. The proposed process would require a grievance to be filed within two days of an incident (currently 15 days) with the maximum time frame for resolving the grievance being 23 working days (currently 81 calendar days). • Work Related Injuries (Section 7.5) o Staff is proposing a more descriptive section regarding Worker's Compensation to provide employee's with more description on the process. Also proposed is a requirement for transitional duty (light duty) in which employees released by a doctor to light duty are required to report to work when there is light duty work available. This is not something we currently practice. • Vacation Leave (Section 7.1) o There are two major changes proposed in regards to vacation time. The first is allowing a limited amount a vacation time (40 hours) to be used after six month of employment as opposed to one year. The second change is increasing the amount a vacation time for exempt employees in recognition for the long hours that they employees work. • Sick Leave (Section 7.3) o Proposed changes include allowing sick leave for doctor/dental/vision appointments and to care for a sick family member. Also proposed is a requirement for doctor's verification if an employee uses 3 or more consecutive days of sick leave and disciplinary action for excess use of sick leave without medical verification. • Employee Termination and Exit Process o This is would be a brand new section as our current Employee Manual only has one paragraph addressing only layoffs (Section 2.4). This new section would also address retirement and voluntary resignation, provide for an exit interview and detail benefits payouts and medical benefits continuation. • Hiring Policy (Section 2.1) o The hiring policy in the 2004 employee manual was amended in 2006 (Resolution 2006-77). That policy will be included in the revised manual with some minor changes. New hires will continue to be subject to budget approval. A section on job description creation is also proposed. This section will give job description approval authority to the City Administrator and Mayor. Salary ranges will continue to be approved by the City Council. The purpose of this memo is to provide an introduction to the revised Employee Manual and to garner the Committee's input on some of the bigger issues. A revised version of the Employee Manual will be presented at the September Administration Committee meeting. TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 TABLE OF CONTENTS Section 1 Introduction 1.1 Purpose and Diselaimer (Appendix A) 1.1 Purpose and Mission Statement of Personnel Policy Manual 1.2 Application and Scope 1.3 Gender and Singular Plural Clause 1.4 Collective Bargaining 1.5 Amendments 1.6 History of City 1.97 City Vision Statement 1.98 Definitions, Roles, and Responsibilities 1.8.1 City Council 1.8.2 May 1.8.3 Board of Fire and Police Commissioners 1.8.4 Types of Employ 1.8.4.1 Department Heads 1.8.4.2 Supervisory 1.8.4.3 Non-Exempt Full-Time 1.8.4.4 Part-Time 1.8.4.5 Volunteers (Unpaid Workers) Weeqweeqwe n„ e 1.2 Applieability 1.3.1 City Geufteil 13.2Maye 1.3.3Depaftmefft Heads 1.4.1 Depaf4nent Heads 1.4.2Sep i ieazy 1.4.3 F 11 T;...,e 1 n n aft Time 1 n 5Te,. pe..., 1.4.714en exempt Employees 1 TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 1.5 Confliet with Other-Regulations or-Manua4s Section 2 Personal Conduct 2.1 Standards of Conduct 2.1.1 Ethics Ordinance 2.1.2 Gift Ban 2.1.3 Fraud Prevention 2.1.3.1 Reporting and Investigation Procedures 2.1.3.2 Termination 2.2 Compliance with Rules and Regulations 2.2.1 Minor Infraction Guidelines 2.2.2 Major Infraction Guidelines 2.3 Anti-Harassment Policy 2.4 Threats Violence and Weapons 2.4.1 Workplace Violence Policy 2.4.2 Prohibited Conduct 2.4.3 Reporting Procedures 2.4.4 Investigation and Responsive Action 2.4.5 No Retaliation 2.5 Conflict of Interest 2.5.1 Permitted Reasonable Exceptions 2.5.2 Use of City Property 2.5.3 Political Activities 2.6 Solicitation and Distribution 2.7 Drag Free Wef4laee 2.7.1 Drag Free Wef4laee Peli 2.7.2 Defii+itieffs and Deser-iptions -2.7.3 Effipleyee's ability to per-form duties 2.47 Siabstanee n i useDrug Free Workplace Policy 2..97.1 Substance Use(Non-DOT Employees) 2.47.1.1 giibsta ffe°Use Pfeh bite Statement of Policy 2.-97.1.2 e,,b.,ta*ee Abuse se Testift-D 1 and Alcohol Testing Pro rgrams 2.,97.1.2.1 Di:ug Test_=„aPost-Offer Testing 2.9-11.1.2.2 Aleehel TestiffgKeasonable Cause Testin 2.87.1.2.3 We EiiiplerRent Testiffg Post-Accident Testin 2.$7.1.2.4 Test Geteff T e 'els Deem aRandom Testing 2..97.1.2.5 Return to Duty Testing 2.8.1.2.6- Positive Employee Pest 4csidepit/Reasenab=eSusp=eien Test Results 11 TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 2.8.1 RePasals-ef Pesiti-ve TestRemeva4 ffem the Ieb 2.57.1.3 E+npleyee A. '°*aree Pr-e,,..,,,.... (EA P Testing Methodology_ 2.57.1.4 Disciplinary Provisions 2.8.1.5 PeheyAelffiewledgiia 2.7.1.5 Notification to Employer of Conviction 2.8.1.6.1 Empleyee Rights 2.8.1.6.2 Gr-iminal Genvietiee 2.8.1.6.3 Employee Respensibilifies 2.57.2 Substance Use (DOT Employees) 2.57 2.1 94st,nee Use Pr-e ibite Applicability 2.97.2.2 Substance Ai ese Testi g rohibited Conduct 2.57.2.2.1 DF&g TestiiigAlcohol 2.57.2.2.2 A leehe' 'T esti gPrugs 2.7.2.3 Drug and Alcohol Testing Programs 2.57.2.32.51 Pre-Employment Testing 2.57.2.32.42 Test Cutoff Levels DefiiioaReasonable Suspicion Testing 2.57.2.32.-53 Post-Accident Testing 2.97.2.3-2.64 Pest ve Test D esult.Random Testing 2.7.2.3.5 Return to Duty Testing 2.8.22.2.7 RefiaS$ls or-Pesitive Test c� 1 f f T b 2.7.2.4 Testing Methodology 2.7.2.5 Disciplinary Provisions 2.7.2.6 Notification to Employer of Conviction 2-8.2.3 EiRpleyee-Assist-anee Program (EAP) 4 2.8.2 D E zT��g-� atie n 2.8.2.6 Empleyee Ri&s and Responsibilities 2.8.2.6.2 dal-Genvietien 2.8.2.6.3 24-4-2.7.3 Substance Use (Employees in Bargaining Units) 2.9 .1;OT SECTION NEEDS TO BEAMEbDEDTO !''tlNFO Ar4 WITH FQP CONTRACT-A CT Bo<, 22.8 Smoking and Tobacco 2.9 Uniforms and Dress Code 2.9.1 Uniforms 2.9.2 Dress Code 2.9.2.1 Office Attire 2.9.2.2 Field Attire iii TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.9.2.3 Casual Friday 2.9.2.4 Compliance 2.9 2.9.2.5 Enforcement 2442.10 Information Systems Use Policy 2.10.1 General Policies 2.11.1.12.10.1.1 Ownership 222.10.1.2 Privacy 2. 2.10.1.3 Monitoring 2.11.1.42.10.1.4 Purchasing 2.,2.10.1.5 Resource Consumption 2.11.22.10.2 Computer Usage Policy 2. 2.10.2.1 Business Use 2.11.2.22.10.2.2 Network Security 2.11.2.22.10.2.3 Laptop Usage 2.11.242.10.2.4 Malicious Software Protection 2.'2.10.2.5 Hardware 2.11.2.62.10.2.6 File Security 232.10.3 Software Application Usage Policy 2. 2.10.3.1 Installation and Removal 2. 2.10.3.2 Licensing 2.1 22.10.3.3 Database Applications 242.10.4 Email Usage Policy 2.11.4.12.10.4.1 Ownership 2.11.4.22.10.4.2 Professional Communication 244=52.10.5 Internet Use Policy 2. 2.10.5.1 Personal Use Policy 2.'.22.10.5.2 Restricted Materials 2. 2.10.5.3 Professional Communication 2. 42.10.5.4 Responsibility for Content 2-17"2.10.6 Retention of Public Records 2.11.6r12.10.6.1 E-mail Retention 2.11 22.10.6.2 Electronic Document Retention 2-422.11 Emergency Contact Information 21.32.12 Outside Employment 212.12.1 Restrictions 24-3-42.12.2 Approval for Outside Employment 24-3-.32.12.3 Considerations for Disapproval 242.13 City Identification Cards 22.14 Tardiness and Absenteeism 212.14.1 Habitual Tardiness/Lateness 222.14.2 Failure to Report to Work 232.14.3 Excusable Absences 22.15 Disciplinary Action iv TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.16..12.15.1 Cause for Disciplinary Action 2.16.22.15.2 Investigation 2.€6.32.15.3 Pre-Disciplinary Conference 2.16.3.12.15.3.1 Proceedings of the Pre-Disciplinary Conference 2.166.42.15.4 Types of Disciplinary Action 2. 2.15.4.1 Oral Warning 2.,6.4.22.15.4.2 Written Reprimand 2. 2.15.4.3 Suspension Without Pay `'.16.442.15.4.4 Emergency Suspension With Pay 2.16.4.52.15.4.5 Suspension with Pay 2.166.4.62.15.4.6 Termination 2.16-52.15.5 hA-Fe deter-• Probationary Employees—Termination 2.166.62.15.6 Filing Disciplinary Actions in Personnel File 22.16 Grievances 2.17.12.16.1 Procedure for Filing a Grievance 24-82.17 Safety and Health 24-842.17.1 Supervisor Responsibilities 2-4-8,22.17.2 Employee Responsibilities 2.18.32.17.3 Personal Protective Equipment 2. 2.17.3.1 Hard Hats 2.1$�22.17.3.2 Safety Shoes 23.32.17.3.3 Safety Harness 2.183.42.17.3.4 Safety Vest 2.18.3.52.17.3.5 Safety Glasses 2.18.3.62.17.3.6 Non-compliance with Safety Requirements 242.17.4 Worker's Compensation 2.18.4 2.17.4.1 Employee Injury/Accident Reporting Requirements 2. 4.22.17.4.2 Supervisor Reporting Requirements 2.18-432.17.4.3 Human Resources Reporting Requirements 252.17.5 Work Related Injury Compliance 2.18.5.12.17.5.1 Appointments and Follow Up 2.18-5.22.17.5.2 Transitional Duty 2.'z 18.5.32.17.5.3 Case Management 2.18.5.42.17.5.4 Paycheck and Benefits 2.18.5.52.17.5.5 Accrual of Time 2.'z TeT62.17.5.6 Medical Bills 2.1$-5. 2.17.5.7 Released to Work 2.19-62.17.6 Transitional Duty 2.'42.17.6.1 Physician Certification 2.18.6.22.17.6.2 Transitional Duty Time Limitations/Restrictions 2.18.72.17.7 Accommodation Hearing 2.18 82.17.8 Use of City-Owned Motor Vehicles 2.18.8.12.17.8.1 Vehicle Guidelines v TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 2.'2.17.8.2 Take Home Vehicles 2.18,873 .17.8.3 Regulations Relating to Vehicle Use 2.'2.17.8.4 Reimbursement for Personally-Owned Vehicle Use 292.17.9 Collision Investigation Involving City Employees 2.18,94 .17.9.1 Vehicle Accident Reporting Requirements- Employee 2.'.22.17.9.2 Vehicle Accident Reporting Requirements- Supervisor 2.18.9.32.17.9.3 Investigation Procedure 2.1 42.17.9.4 Employee Statements 2.18.102.17.10 Emergency Conditions 2.18.10.12.17.10.1 Closing City Offices 24-92.18 Workplace Inspections 24 .42.18.1 Administrative Inspections 222.18.2 Criminal Inspections/Searches 202.19 Nepotism 2.19.1 Prohibition on employing the Spouse-Relatives of Department J —Heads/Elected 2.20-1 Officials/Paid Appointed Officers (Anti-Nepotism) 2.20.22.19.2 Spouse/Relatives of Department Heads/Elected Officials 20.32.19.3 Relatives of all employees 22.20 Dissemination of Information Policy 2-.222.21 Use of City Equipin Telephones 2.22.12.21.1 Personal Use of Telephones 2-.22-.22.21.2 Cell Phone Policy 2.222.2.12.21.2.1 Procedure 2.22 22.21.2.2 Allotted minutes 2.22.2 22.21.2.3 Eligibility Criteria 2.22 42.21.2.4 Employee Responsibilities 2:222:2.52.21.2.5 Department Head Responsibilities 2.222:2.62.21.2.6 Repairs and Replacements of Equipment 2.222.2:22.21.2.7 Termination Section 3 Direct Compensation 3.1 Regular Hours of Work 3.1.1 Workday hours and lunch breaks 3.1.2 Work Schedule 3.2 Shift Changes 3.3 Payroll Administration 3.4 Callback Pay 3.5 Overtime Scheduling 3.6 Overtime Pay 3.7 Compensation Time vi TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 3.8 Flex Time -343.9 Publie Works On Ga4l. 3-13.1 OLongevity Pay 34-93.11 Performance Evaluations and Pay Adjustments 3.19.13.1 1.1 Employee Performance Evaluations 3.10.2 3.9.2 Pay Adjustments Section 4 Employment Benefits 4.1 Vacation Leave 4.2 Holiday Leave 4.3 Sick Leave 4.3.1 Purpose, Allowance, and Accumulation 4.3.2 MMedical Verification 4.3.3 Sick Leave Utilization 4.3.4 Unused Sick Leave 4.3.5 Sick Leave Donation Policy 4.4 Reporting of Absences 4.5 Duty-related Illness of Leave 4.6 Emergency and Bereavement Leave 4.7 s Act 44.8 Illinois Family Military Leave Act 4.9 Jury Duty Leave 444.1OTime Off for Voting 4-14.11 Unpaid Discretionary Leave 494.12 Employee Benefits Information 4.114.13 Health and Life Insurance Coverage 44.14 Pension Participation ^.'x.14.1 Eligibility ^.'x.14.2 Military Service Credit 4.134.15 Continuation of Medical Coverage 4444.16 Education 454.17 Training and Certificates 4.164.18 Lodging and meal Expenses 4.16.14.18.1 Family lodging and accompaniment 44.19 Internal Revenue 457 Deferred Compensation Plan 484.20 Additional Voluntary Benefits 4494.21 Victim's Economic Security and Safety Leave ^4.21.1 Coverage and Eligibility 4.19.24.21.2 Notification and Verification 4-49.34.21.3 Time Allowed 444.21.4 Substitution of Paid Leave 454.21.5 Job Protection 4494.22 Blood and Organ Donation Leave vii TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 44.22.1 Blood Donation 4.20-24.22.2 Organ Donation 444.23 School Conference and Activity Leave 4.21.14.23.1 Eligibility Requirement 44.23.2 Notice Provisions 424.24 Disability Leave 424-4.24.1 Disability-Non Work-Related 4.22.1.14.24.1.1 Less than One (1) Year's Employment 4.''..24.24.1.2 More than One (1) Year's Employment 4-' 4.24.2 —Disability-Work Related 4.22.2.14.24.2.1 Less than One (1) Year's Employment 4.''..24.24.2.2 More than One (1) Year's Employment 434.25 Family and Medical Leave 4.23.1-4.25.1 General Statement 44.25.2 Eligibility 4.23-34.25.3 Reasons for Leave 4.23.44.25.4 Leave is Unpaid 4.23-54.25.5 Notice of Leave 43:64.25.6 Medical Certification 44.25.7 Medical and Other Benefits 4.''��.84.25.8 Returning from Leave 494.25.9 Reporting While on Leave 4.23.104.25.10 Intermittent and Reduced Schedule Leave 4.�14.25.11 Policy Administration 4.25.12—Interrelation of Leaves 4. 4.25.13 FMLA Forms 4-244.26 Benefits While on Leave Section 5 Separation 5.1 Re"etion in Work Fer-ee 55.1 Termination X35.2 Employee Termination and Exit Process &3475.2.1 Service Retirement 3-345.2.2 Disability Resignation 5.3-.35.2.3 Employee-Initiated Resignation 545.2.4 Probationary Termination 555.2.5 Layoff 5-3-.65.2.6 Exit Interview 55.2.7 Final Paycheck 585.2.8 Termination Date 5.2.9 Continuation of Benefits 5-.3-.9 5.2.9.1 Continuation of Benefits for Retirees 595.2.10 Pension Contribution Refunds viii TRACK CHANGES COPY -DRAFT EMPLOYEE MANUAL 09-06-11 515.2.11 Unemployment Compensation 545.3 Use of Paid Time 535.4 Vacation Pay-Out at Termination 545.5 Sick Pay-Out at Termination 5.7 Retirement Pay Out 5.7.1 D e,uir-e,l Aleti;ee to Reeeive A ,7 Benefits 55.6 Medical/Dental Continuation Plan (COBRA) 8-15.6.1 Eligibility Requirements 58.25.6.2 End of COBRA Coverage 5.8.3 MedieaWDeftta4 entintiatieft PokEe-O fieer-s 5-15.7 Re-Employment 54-0 5.8 References Section 6 Personnel Practices 6.1 Equal Employment 6.2 Recruitment City Adfninistfatof, V 1VV Chief-, 6.3.2 City eer-,, Lair-ee4efef Fi-nranee, arrcEter-of Akbl xxic WeF4c& 6, � 3 r Relations O dr n 1 , D ....+..+ vvaaaiaa Lail �.� V111VVL Lillll 6-46.3 Hiring policy for all other employees 646.3.1 Applicability to other policies, regulations, and agreements 64-226.3.2 Approval to Recruit Personnel 6446.3.3 Job Posting Process 6446.3.4 Selection Process 6436.3.5 Job Offer 636.4 Job Description Creation &-546.4.1 New Positions 6.32,26.4.2 Existing Positions "6.5 Personnel Records 6.6.1 .5.1 Maintenance of Records 6.5.2 Confidentiality 63-22 6.5.2.1 Employee Review of Records 6.4.46.5.3 Standardized Forms 646.5.4 Notification Process for Employment Status Changes 66.6 Probationary Period Seetion 2 Per-sonne!Program and Employment Status 7 1 1 D eefa ti.., 7 2Perse,..,..el Deeer-ds lx TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 2.2.3 StandaMize .,,-4s L..L..Tl auu pr-eeess 3.1 Lq 3-2 Anti Har-assment Po hey(Appendix —� A tanee D,.°„-..., 'cczrs�crrrr�Trrvgra crir) 3.3. 33AEdeeatien and r-efeffa4 program n 3.5 No S„1;eitatie 3.8 Gifts afid Gfatuities (Appendix G) 3.10.1 3.11 Off the job Safety�Repeftiag ef Aeeidents (Appendix H) 3 1'7 GATe ReWiatiefl 3.14Nepetism ✓.1T.1V 3.14.2Relatives of All Empleyees X TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 Seetion 4 Use of City Equipment 4.1 Autherization to Use Equipffien 4.2 Use ef City Vehie4es (A.Ppendix 1) 4.3 Use of Per-seaa4 Vehieles for-City Business 4.4 ......1.1..,.x..1 and Telephetie CommtmieatieftsSystems (Appendix j) 4.5E Mail 4.5.✓1 1V111V °pertainifig to other-City Pelieies T.✓.TConfidentiality per-sefffiel ° 4.5.5Unatitherized aeeess 4.6 Personal Use efTelephenes Seetion 5 Diseip ' 5.1 Reasons fer-Diseipline c 7 711;.,,.;..1;,-.afy D,.l.,.°.a,,,-° 5.3 Gnevan eeedufe 6.1.2Publie Works Employee"On Call"Status, DtAies, and Tay+xe�t 6.2 Shift Changes 6.4 Call Baek P In 6.7 Gempensatien Time -Lengevity pay Seetien 7 Leave Time 7.1 Vaeatieff Leave 7 3Siek ° Xi TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 7.3.1 Plfpese, Allowanee, .,ra A e „l„t;e„ 7 3S ek heave e T lt;l;z..f:e« 7 Z AT nuse,l S ek Leave 7.5 Diaty Related li�ur-y er-illness Lea-,;e 7.6 Emefgeffey&BefeFc'yemeat Leave 7.7 Militmy Leave 7.8 hafy Duty I=eeA,e 7.9 T 1,.,,...;a D s e,-et; ,Leave 7 10.1 General ct„4e..,ea 7 1 n 71;1;.;1,;1;+., 7 1 n 7Aded e.,l ...,1 Ot of ue..efits 7 1 n 1 nr„te..mitteat afid nea„eva Sel.e,l„le Leave 7 1 n 1 1 Del;e.,Admiffistfatieff 7 1 n 1 77„tef fel.,tie,. of hewves 7.11 B°..efits while on r ° e 4 7 1 L'1;,.;1..ihty 8.2.2N4i!itar-y Serviee Credit (Appendix L) 8.3 Nrisieff and Deffta4 Assistanee (Appendix M) 8.5 Unifeffn Allewa ee Q 7Tfa?,el Expenses 9.8457 Dee ffe,l !''e.,.peas tie,. Plan (Appe..,l;. 0 X11 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 in a systematic application that will result 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 op ssess 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 obiective of serving the best interests of the citizens of Yorkville while utiliziniz their tax dollars in the most efficient and effective manner possible.DiselaimeF 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 City of G enevu 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. In the State of Illinois, it is presumed by case law that all employees are "at will". Except for employees under the jurisdiction of Fire and Police Commission rules and those governed by an approved collective bargaining agreement or other approved employment_ agreement employment with the United City of Yorkville is "at will". This means that both the employee and the City have the right to terminate the employment relationship at any time, for any reason not prohibited by law, or no reason with or without notice. The at-will employment relationship cannot be modified, except by ordinance or by a duly authorized and executed collective bargaining or other written employment agreement. This Manual and the policies it contains is not intended to form a contract of employment either expressed or implied. As such. the United City of Yorkville Personnel Policy Manual may be varied from amended, supplemented. or discontinued at any time with or without notice Furthermore no policy, - 1 - TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 benefit, or procedure set forth in this Manual implies or may be construed to imply, that it or any portion thereof is an employment contract. No property or tenure rights in employment shall be created or deemed to be created, by this Manual. The text of this Manual is intended only to describe the policies and procedures of the City, relative to human resources management. 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.I— Collective Bargaining Where the provisions of these rules conflict with those of a valid collective bargaining agreement between the Cit* , of Gene a 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 subiect 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 Osweizo's residents petitioned the state legislature in 1845 to move the county seat to the more 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 -2 - TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 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 Dilstreict 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 SotatlI 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 V_rowth 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 Yorkville celebrated the 50th 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 1.87— 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 strateizic location will encourage continued develo meat and expansion of the community, for which we have effectively planned. Successful planning efforts have achieved a mutually advantaizeous balance among retail, service industrial and residential development Such plans, in combination with development exaction programs assist Yorkville in maintaining a reasonable tax base to fund services. Foresight has also prevented growth from outpacing uuality service provision to an increasingly diverse population—requiring housing alternatives to accommodate a varietv of income levels and accessibility 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 - 3 - TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 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 pure 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 1.98— Definitions, Roles and Responsibilities Section 1.98.1 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 Council in connection with annual performance evaluations for employees who have a direct relationship with the Mayor as their immediate supervisor. Section 1.98.2— 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 -4 - TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 performance evaluations ;wand may seek input from the City Council for employees who have a direct relationship with the Mayor as their immediate supeivisor.tke-Git Amministr-Rer-, The PokeChie€and the Dreeter-of PaFks-aad Rear Section 1.98.3— 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. eee ndr-eeer-ds. Fuftheffner-e, whertever-th q st fef-a pokey ehange er r-eeemmendation, the DepaFtment Head shaR present the r-e"est te the Mayer, Upen review the Mayef �t the st to the City Ge ;1 Iiau�present request ,, United City e fYefley;lle ("Gity") weYkfar-ee. This Maii,•1 is design to ifA 6duee effTlepees the City md to serve as a guide te present City peheies,pr-aefiees and pr-eeedufes. The City has the right te > amend, er withd-Pffv any of all ef the pekeies or-pr-eeedufes dese6bed in this Manual at any time. All employees 1. 11 sign an employee b 1 „ledgi ent fefm g this pl manual. (Appendix A) Altheiagh the City hepes that A employees will enjoy a leng a-ad mu-Vaally benefieied ear-eer-with the empleyees' f City,shall r-estr-i�the right of the City te teFmift4e their-ewpIe5qne1#at any time vAth or-witheut nefiee e ea:use. No fepfesenta4ive of the Mayer-m4th >has an must be; ,.:,.;,,,. an st ben ea b +1, Mayer- a a by the City Getm 1 Seetion 1.2 -4 ppheabMW Unless other-wise neted, these pefsefffiel pokeies apply te a4l effipleyees ef the United City ef Yerleville aaa,+v, Vv aaa ♦,1aLiiib L,Li,.{111 KUL VV 1bL1VlA V�• LIIL , gene,-., ev,4 a ept that these pehe e., ,le net apply to the fell n El eete.l O f e;. s en beha4fef the Mayer-er-City Geune4 Unless ether-wise nr e i f e,lly stated, aefie of the be e fit e� ea this A ,,, ,.1 apply t pai4-fime effipleyees. - 5 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 an ) Head, they may assume that the Mayor-has that relationship vis A vis themselves. if an employee has a dir-eet relationship with Mayor-as their-imfflediate supefvi sof, siaek as. the City 7 Chief of Poliee, emplo�,ees' felationship with employees' Department Head, the employee may ass,&me the Mayor-has that relationship vis A vis themselves.-4f they have any questions fegar-difig how this Manua4 applies to them beeause ef their-positien with the vaay) they should sepefviser-for- , City's 1.3.1 City conam The City Getifleil of the United Gity ef Yefk-,4!le shall eriefeise eentfol over-per-sennel through th-e 1 Plan, 7 or-by-the 7 evaluations for-Depaftmeat Heads who have a dir-eet r-elationship with the Mayer-as their-iffimediate, 7 ) 4.3.2 Mayor- The Mayor-shall be responsible fer-effse6ng the effiac4ive administfatien of the pelieies and pfeeed:ufes -ed may delegate sueh fanetions as deemed Reeessar-y fer-the imp! on of this system. The Maye shall per-fefm the peifefffianee evaluations and will seek input fiem the Gity Geefteil foi:the City n a... mist,-7ato Chef o f Pel ee a ff E*ee„4;.,e Dir-ee4e.•fer-Pafks .,n n eereatio., De,.,e,.4.....e..4 L 11111111aaJ 11 Ci I.Vl) V111V1 Vl 1 V , 4.3.3 Depar-tment Heads the City on a day te day basis. 3. Y eye, ebfuar-y 15 of eaelie,� fr-em time to fiffle as needed, siabfflittifig their-r-epeAs te their-immediat by Mareh I”. Evaluatiefis shc4lbe fflade on standardized fefms as provided by the Gity, and shall provide Empleyee shall sign evaluatieffs. - 6 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 presented to the Fiflanee Dir-eeter, The Finanee Dir-eeter-will prepare the budget te be pf:esented te Mayer-. 'T:,e A Tayor-will „t the budget to the City!''e,,,.,e;l fF,. n nl 111V 1,1G1� e e • adoption by the Mayer, per-sennel iff their-r-espeetive depaAffient, with the Mayer-having aethefity fer-final dispensation of all empleyees. Hewever, the Mayer-may seek input and adviee from the City Gei+fteil befi3r-e mak4ftg-his fi,.nl dee,n,en f mm n eed,,,.en 1 ____J e O_ __ ��rov�`H��@ EA��2i�i}9� Cii2i�@�--�2G�G�1S-r'k� 11 1,••�•lT1TLZf�e feeemmeffdatien, the DepaFtment Head shaR present the request to the Mayer-. Upon feview the Mayof pV1fV11AItiV e n , nt' and the employee e e ed, e • to ean=y out the p;ufpese of the per-sennel system and the pr-evisions ee4lifted in this manual, or-as d;,.ee+ed by the Mayer- nrd City re,,,.e;l Seetion 1.3.4 Fire and Poliee C-efomissioner-s (Appendix R) wem nelieo effi`or� T- e:beard :,;,.en fires,pr-e,,.,eten end d;neipli en all ,.,.ewbe,.n oft the pel;,. .. ----r----- --------. _1_= __mil_1111 vv) lllv�)r-vllly_:. ..�_» »_:.__t,____s- C City ot e;l a will d ;11 „et be hired e,.d;n pli ed by the Bear V 1 L�ZV • basis,Seetion 1.4 DefinMon of Employee Seetion 1.4.1 Department Heads Depaftment Heads are sa4aiied on an apAmaa4 week,per-we&. Depfftment Heads de not r-eeeive evettifne pay. Hewever, if it is neeessafy fer-them te WOf.l.E- ) This benefit is iiet te be abused. The Depaftmei#Heads shall netify their-immediate s"efvisof ef sae-b.. time eff and maifftaiff a r-eeefd to be made available te the Mayer-and City Getmeil"en r-equest 7 their-:m-mediate n ,-fev any time off request f e e day e illness, 6r-6th@f abbe ee, and make r-eqt}ests for-aut z2Eleaye to the Sii'per—yi8vzy-persefhge.. - 7 - TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 week,Seetieft 1.4.3 Non Exempt Full Tinte Full time non exempt empleyees afe paid on an hetw4y basis. All full time non exefflpt empleyees afe expeeted to work 40 houfs per- iaauavu4vu vvauaaai t,ivaa job uvseiiY tivaa appr-eva4 by , Seetion 1.4.4 Part Time An employee whe is employed r-egalai4y for-less tha*the nofmal r2dmber-of houfs is eensider-ed paft 7 7 afe ineligible for-benefit paekages listed in this mai+ua4, aad may net wer-k mer-e gian 1,000 heefs per-year. Any e*eeptiens to the definition ef part tiffle employee must have Mayor- a-Rd City Getmeil appr-evah Temper-ar-y empleyees are genefally these per-sons empleyed te fill a pesition for-less dffift six (6) eaten a empleyees-are not entitled e-sielleave.T e „,e=,ees are net efftitled to vaeatieff er-othet:similar-beftefits enjeyed by full time empleyees. Temporary effiployees af hired by the r�o,.,...t ei#Head, , eft a Mayor-an Gity r,,,,nei nnvu v'-eddy nvYurria 7 � � , Seetion 1.4.6 Exempt Salar4ed Employee this Manual, the diseiplifte ef seeh employees shall be in aeoer-daffee m4th FLSA Seetion 1.4.7 Non exempt Employees An employee who is either-paid by the hour-er-on a salafy basis and is net in a pesitien deteffflifted-by the City to be e*empt fr-om oveftime undef the Fair-Labor- Stafidafds Aet. Sueh employees afe eligib4e Seetion 1.5 Confliets with Other-Regulations or Manuals 7 er-applieable vales affd r-eoatioas shall apply. Ne ene ether-than the 9 with the ad-viee a eeffsent ef the City 7 Section 1.18.4— Types of Employees Section 1.98.4.1 —Department Heads Definition–As determined within City Code, as amended from time-to-time by - 8 - TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 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: 2)1�_Be responsible for directing and coordinating personnel activities of the City on a day-to-day basis. 3}2h_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.'- 0-6- - pr-epriate-ee ttees when suehi-h e deemed neeessar-y and bj eet to .,a e,..,.; ., by the A d 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. He.,e.a the �,ra.y may � a a. e fte the Git coun , before making his fina4 deeisien-. +i 1, the UVVl\ 1111..lLiL Section 1.98.4.2 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 late report times, illness, or other absence, and make requests for authorized leave to the Supervisory personnel, as dictated in the sections of this employee manual. Section 1.98.4.3 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 1.98.4.4 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 1.98.4.5 Volunteers (unpaid workers) - 9 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Definition—An uncompensated person who voluntarily performs work for the City. Roles and responsibilities—As defined by the Job description of the position or as directed by the Department Head during a City special event. - 10 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 SECTION 2 PERSONAL CONDUCT Peirsonnel Program Ht Status 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 Gh-A,esUnited 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 exnected 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 ig fts, 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 - 11 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 violations. Of special note is that a violation to the Ethics Code is not treated as a violation of conduct hm 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 uUnited eCity 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: l) 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 oft C. No officer or employee shall be required at any time to ap rticipate 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 olp itical activity. 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 e�y: 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. - 12 - TRACK CHANGES COPY DRAFT EMPLOYEE MANUAL 09-06-11 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 fiance or fiancee. 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 ig'ft was provided 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 ig ft, 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: 11 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. 1. 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 - 13 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 another officer or employee, and "intergovernmental gift" means any_gift ivg en 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 ever, offer. 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 providiniguidelines and assigning responsibility for the development of controls and conduct of investigations. This policy applies to any irregularity, or suspected irregularity, involving 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 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 pMose of inducing another to acto upon it to his or her iniury. 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 iffegularity 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 • Profiteering as a result of insider knowledge of company activities • 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 irregulari 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 - 14 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 without prior knowledge or consent of any individual who might use or have custody 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 review for approval by the Mayor and by legal counsel before any such action is taken. Section 2.2 Compliance with Rules and Regulations - 15 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. A full-time and/or regular part-time (seasonal, weekend etc.) paid-on-call employees or any other type employee may be disciplined or terminated for just cause. Introductoly employees seasonal and summer employees are subject to termination at the sole discretion of the City. Probable cause shall include but not be limited to, the followiniz 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: 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. Failure to report a workplace injury or accident within twenty-four (24) hours of occurrence. 6. 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 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. porting 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 n 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 jury or damage to person or property. - 16 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 11. Three (3) wage garnishment submittals (requests) made to the City involving more than one(1) indebtedness within a twelve(12) month period. 12. Careless or unsafe use of City property, which results in injury to a person or damage to, said property_ 13. Harassment of any kind. 14. Absence from work for one (1) dqy without permission without proper notification or without adequate explanation. 15. Gambling of any type on municipal property. 16. -Revealing or divulging confidential information to parties not involved. 17. Issues of workplace violence Section 2.3 spit)-llarassnient PolicABO2 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 Maw —Employee AssistiarE2-Pr-6gi-am-(Appendix , ~66i�cimiscon ceircuc piisvir-aspvacca—ell rthe The City forbids retaliation against anyone for reporting harassment, assisting in making a hafas4pg-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, . - 17 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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: 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 28402000 Chicago, Illinois 60661 312 -3800-669-4000 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). - 18 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 ig ft, gratuily 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 - 19 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 5. Directly or indirectly gives receives or agrees to receive any compensation gift reward, commission or gray 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 exce tip ons. 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 employ 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 - 20 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. See#en3. . The United City ef Yefleville has adopted a Dnag Free Wof4laee Pokey as deser-ibed in Resolution Nt er 93 3 1993). It reads as fellewsi Illegal df:ugs and the abuse e f legal a,-. iff the ,.41., e e a signifi e � danger, They impaif safety andhea4th,pr-ofnete er-ifne, 1,, a ed eti. •t affd quality 4lie-eefifidenee in the wefk City ef*epees ___d-- T l the feder-a4 a-ad steAe Dfug Free Wof4laee Aets, 41 USC 701, et seq., afid 30 ?L C;g 580/1 et seq-, ift er-der-for the City iebe eensidered a "r-easoftabie seafee for-the awafd of federal a state g ,.,t^ it is appr-epfiate to adopt the following pel Any leeation whieh City besiffess is eendueted, whether-at this er-any ethef site is deelafed te b j distfibuting, dispensing, , as Elefine the federal and state Dnag-Free Wer4laeez4e4s, in the wedTlaee. This peue„doe net-apply te-the the limits of^ valid preseriptieii. Airemployee who has been presef:ibed-dmgs er-who is t-ak4ag ever- the ability to epefate maehinefy, of drive safely, er-other-wise per-fofm their-Job duties is feqt*ii:ed te immediately diselese te his ef her-immediate s y faedieation r-"ed work r-es4ietiens. When medieatiens that have been pr-eser-ibed er-the:undefl�4ffg mediea4 eefiditi tents er-disabilities - 21 . TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 11V L inviela4ien of any state or-feder-a4 aet. S e et}en��3_E m l o y e e-s ability to p eF€er-m rdtrti es VV11Ullie u • City's E+apleyees have the right te know the danger-s ef dFug abuse in the the 7 them and what help is a?vailable to eemb4 drag pr-eblems. Effiployees aeeding assista-Ree in ever-eemin 7 dfug abuse problems are eaeoufaged to seek pr-ofessienal I jeb ner-will it be noted in any per-sepmel r-eeer-d. 7 Seetion 2.7.5 Employment eendk4on Ann n,l,},.,n of initial .,n,l , nt nue o pl.,,, ent .,e a ,..1,.,,,,,, ..1..,11. and VVal llaa L{� 7 u 7 7 eendeeting City busin-es an five (5) days after- sueh a eeffvietiefi. A eeffvi 7 finding g- il} !in„1, "fie 1 } 11 the ia�uiln ���,}'e�YiCYe cviirc-ix�GPe�@�ttt�Iii17e.�t1�RTQl-R 7 7 a. The City shall take pfeffipt diseip4inafy aetiefi with r-espeet te any empleyee whe vielates this eliey.- b The City may - l e -he „later the to e fth pelie-y 4e atisa c4er- 1_' Section 2.75 Drug Free Workplace Policy Section 2.75.1 Substance Use (Non-DOT Employees) The United City of Yorkville is finely committed to providing a productive safe and healthful work envirornnent. 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 - 22 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 health and safety of those involved and the safety of others. The following policy and testing_pro ram 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 figbt 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 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 goverrunent, 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 incorporates drug and/or alcohol testing, as necessary. All employees are advised that remaining drug-free and medically qualified to perfomi assigned duties safely are conditions of continued employnnent with the City. The United City of Yorkville will conduct 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 following on-the-job accidents or injuries and if required by law or customer contract,on a random basis. Any employee who tests positive will be subject to immediate tennination. 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 tenninated. 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 tennination 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, perfomaing City business or job-related duties while on City property or while operating City equipment (including vehicles - 23 . TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 ernpl2yee must infonn 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. An employee must promptly report to their immediate supervisor the use of any medication which has or may have any adverse effect on their work performance. All prescription and non-prescription drugs must be kept in their original packaging or container. An employee who fails to do so is subject 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 conduct searches on and of any of its property, includin,, 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 all its employees (both hourly and salaried). A. Pre-Employment Testing, B. Reasonable Cause Testing; C. Post Accident Testing; D. Random 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 tern 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 -24 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 autot-naticLIly rescinded by the City. If for any reason the applicant has already began "°orking 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 detennination. This documentation must be made either rior to or withui 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 to the extent required by law. If the offer of emplornent i5_ revoked or if employment ends, the a licant who tests positive under the-provisions of this policy may re-apply for employment with the United City of Yorkville after a tune 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 intentionally 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 em lovee-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, coordinatim 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 e, mployec's breath,_ etc.: 3) instances where. the City observes or receives credible inf miation 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 oiicy - 25 . TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 All Cit de artment Beads and supervisors will receive training to assist them in identifvinc. behavioral characteristics of the use of prollibited substances in the work lace. A n ,_de artment head or su en sor who observes such behavior must, within 24 hours. confidentially notify the Human Resources Manager in writing_of the date time particular facts observed and emplovee-s name. The Human Resources Manager must detennine if the department head's or supervisor's suspicions are reasonable % ithin 24 hours of being notified. Upon the human Resources Manager's determination that reasonable suspicion exists. testing can commence. However. once the deternination that reasonable suspicion exists. under no circumstances will an employee be allowed knack to work until he or she leas- a negative dru, and/or alcoliol test. Ln 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 Revievi, 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 supet-visor 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 employe. 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 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 followingaa post-accident drug and/or alcohol screen, then the employee will be subject ct to the disciplinary provisions in Section 2.7.1.4 of this Program. However, if a negative test result is received, then the em llooyee will be immediately reinstated for work with back pay, if applicable. 2.7.1.2.4 Random Testing - 26 - TRACK CHANGES COPY DRAFT EMPLOYEE MANUAL 09-06-11 The United City of Yorkville may also conduct random testing for all covered Employees as follows: 1. A City-wide selection process which removes discretion in selection from an Mervisory personnel will be adopted by the City; and 2. Random testing, once begun, will provide for testing of at least 10% of all Employees during the first twelve (12) months of random testing after this pro gram becomes effective. The annualized rate for random testing following the first twelve (12) months after implementation will be no less than 20% of covered Employees. If a notice of a positive test result is received from the Medical Review Officer following a random 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. 2.7.1.2.5 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 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 perfonn urine and/or breath testing pursuant to this Program will be accredited by 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 - Benzodiaze ip nes - Opiates - Methadone - Amphetamines - Propoxyphene - Phencyclidine (PCP) Alcohol Screening All breath alcohol testing performed under this Program shall be performed to determine blood alcohol content onl.AAn_ 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 - 27 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 detennined, 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. fMO31 2.78.1.5-7 Notification to Employer of Conviction As a condition of initial and continued employment, each employee shall a) agree in writinato 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 - 28 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 criminal drug or alcohol Statute fora 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 to 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 finnly 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 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 esting 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 Rromulgated at Rule 49 CFR Part 40 and the Omnibus Transportation Employee Testing Act of 1991, enacted October 28, 1991. 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 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 perate 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. - 29 . TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 2.7.2,2.1 Alcohol 1. No covered driver shall report for duty or remain on duty reguiring 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 pen-nit the covered driver to drive or continue to drive a commercial motor vehicle if it has actual knowledge that a driver possesses unmanifested alcohol. 3. A covered driver shall not use alcohol while performing safety sensitive functions. The City shall not permit the driver to perfonn or continue to perform safety-sensitive functions if it has actual knowledge that a driver is using alcohol while perfonnin safety-sensitive afety-sensitive functions. 4. No covered driver shall perform safety-sensitive functions within four (4) hours after using alcohol. The company shall not pemiit the driver to perfonn 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 Drups 1. The City will not pennit 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 Testinp, 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 2.7.2J.3 Drua, and Alcohol Testing Programs Section 2.7.2.3.1 Pre-Employment Testing - 30 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 g esting reveals a presence of drugs, it will result in revocation of the conditional offer of employment. The company may, in its sole discretion, forego pre-duty testing where the exceptions promulgated at DOT 49 CFR 5.382.301 (b) or (c) relating to o 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. 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 ppearance, behavior, sPeeeh 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. Nottivitlistanding the absence of a reasonable suspicion alcohol test. the City N-vill not permit any covered driver to report for duty or remain can 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 flrlloxving 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 su en isor who made the obsen,ations, within twenty-four 24 hours of the observed behavior or before the results of dru 7s 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 company_ 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. - 31 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 A covered driver who is subject to post-accident testing shall remain readiil 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. 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 inky 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 survivilr,x 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 - 32 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 testinp, 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 company_ 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 immediatelv to obtain their selection notice. After obtaining their selection notice the - 33 - TRACK CHANGES COPY DRAFT EMPLOYEE MANUAL 09-06-11 driver must immediately proceed to the testin f� acility. 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 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 osp itive 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 confinnatory 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 berg eater 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 erp form drug testing esting on urine samples provided by covered drivers. The drugs for which tests will be conducted are: - 34 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 a. Marijuana(THQ d. Opiates b. Cocaine e. Amphetamines c. Phencyclidine(PCP) f. MDMA (Ecstacy� This list mgy 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 confuniation test cannot be completed or if an event occurs that would invalidate the test, the BAT shall if practical begin a new screening or confinnation 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 detennined by the City,consistent with this policy after being directed to do so by the Cit. 2. Fails to remain at the testing site until the testing process is complete. 3. Fails to provide a wine specimen for and test est 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 detennined, 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 - 35 TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 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 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 Disciviinary 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. f Mo41 2.79.2.86 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 work 1p ace• 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 to contendere") or the imposition of a sentence by-a Judge or july in any federal or state court, and/or a finding of Court Supervision. Section 2.75.3 —Substance Use (Employees in Bargaining Units)Substanee Use (S-w r col MANY A NY OT14 D SECTIONS FROM H 7 :S ARE NOT C-OPIL fso5l 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 hese provisions to ensure compliance. Disci 31inM procedures will be followed Der 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 2.98— 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. 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 2.499 Uniforms and Dress Code - 36 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 2.4-09.1 Uniforms The City provides uniforms for certain classifications of employees Uniforms and/or Cit 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 2.499.2 Dress ICodei[MS0fflce6] 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 DepaAment Division has developed a dress code policy. The Human Resources Division 13ep--ent 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 2.499.2.1 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, short shorts, gym shoes, and clothing with potentially offensive words. Section 2.499.2.2 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, short shorts and clothing with potentially offensive words. Section 2.499.2.3 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, short shorts, and clothing with potentially offensive words. Section 2.499.2.4 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. - 37 - TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 Section 2. 89.2.5 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 mployees 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 2.4410.1 —General Policies Section 2.4410.1.1 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. Section 2.4410.1.2 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 2.4410.1.3 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 2.4410.1.4 Purchasing - 38 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4410.1.5 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 2.4410.2 Computer Usage Policy Section 2.4410.2.1 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 cop gjghted 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. Section 2.4410.2.2 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 2.4410.2.3 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 - 39 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4410.2.5 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: modif�iinng 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 2.4410.2.6 File Security It is the responsibility of the employee to be aware of how the data they are working on is being saved and hacked up. Data systems vary amongst departments. In general, data should be 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. Employes 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 gnyconfiidential 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 2.4410.3 Software Application Usage Policy Section 2.4410.3.1 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 2.4410.3.2 Licensing - 40 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. An ay ttempt 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 2.410.4 —E-Mail Usage Polies Section 2.1410.4.1 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 important to City business and will then be deleted from the system. The Citv 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 2.4410.4.2 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, gar 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 ap rticipate 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 2.4410.5 Internet Use Policy Section 2.4410.5.1 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 LALay 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 - 41 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4410.5.2 Restricted Materials Althoup,h 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 2.4410.5.3 Professional Communication Any infonnation 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 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 2.4410.5.4 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 2.4410.6 Retention of Public Records Section 2.4410.6.1 E-mail Retention Most Mmessages sent or received by e-mail may be considered part of the public record under sera° ,.;,.,,.,,Y sta-,ee 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_ffhay:4t „bieet of F-r,eedE._,.. of inf ...,-.atio, net (FOI n) Ve i 121.Tp1T C1—LC7'r- dGCeTmki"i".-K, anT—CTITaj. roTTs"CTC'CC'CGT'a ,7CCb'ITe rGCGTC4 ZLTLR L2rCIT O G r2pertains 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 2.4410.6.2 Electronic Document Retention In addition to e-mails, it is important to retain electronic documents diatwhieh -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 apaper document and that „a'•f bli ra qt like � *� �� �u ..�es u" should not -42 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.411 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 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 2.4312.1 Restrictions 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 EA.) 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 re uesting_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 2.112.3 Considerations for Disapproval - 43 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4-413 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. 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. &wem 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 identi ng him or her as a retired police officer by submitting a reguest in writing to the Chief of Police. Mop Section 2.4314 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 2.4314.1 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 2.4314.2 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 2.4314.3 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 2.4315 Disciplinary Action - 44 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. Disci 1p inary action is not rip imarily intended to be punitive but rather to maintain the efficiency and inte rg_ity 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 ef-H map n esau ee° Human Resources ManagerrBOal. Section 2.415.1 Cause for Disciplinary Action 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. IBO9j 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 2.4-615.2 Investigation It is the responsibility of each supervisor and Department Head to thoroughly evaluate the circumstances and facts as objectively as possible. Section 2415.3 Pre-Disciplinary Conference The ()Jv°^,.p,. Af Huf.,^x Rose • ees umav Resources Manager rBoiojor 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 2.415.3.1 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 opportunit t�pond to the chaff The employee may have legal counsel or union representation present at a pre- disciplinary conference. - 45 . TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 The department's explanation of the circumstances at the pre-disci 1p inary conference shall be sufficient to apprise the employee of the basis for the disci 1p inM action The employee will be notified within five (5) working days after the conference is concluded of the decision made. Section 2.4615.4 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 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 b t�pervisor. A notation that an oral warning was given should be made in the employee's performance documentation. Section 2.4615.4.2 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"etoz-of Htipaan Resettfees-Human Resources Manager.;[soI I Section 2.4-615.4.3 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 susiended without pay when the offense is of a serious enough nature usually sufficient for termination but when circumstances related to an employee's -46 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 y 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. Suspensions without pay shall be issued by the Department Head or his/her designee and the Oifeete-of Human Rese,,ec ,Human Resources Managerrso121. Section 2.4615.4.4 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 maw justified. Department Heads or their designees with the input of the eteF eafir 1?eaqw,e°�^.Human Resources Managerrso131, are empowered to issue an emergency suspcnsiL)ii. 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 24615.4.5 Suspension with Pay At the discretion of a Department Head or his/her designee and with the input of the�)ifee*er ofutiman nesoufee^tluman Resources ManagerrB014t 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 2.4615.4.6 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 Ir,;.°e*ef of 1-4-o ,^„ Res&wee Human Resources Managerrso151. An employee may also be tenninated after repeated offenses of a less serious - 47 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 tkeon the first payroll date offollowing his termination. Section 2.1615.5 Probationary Employees—Termination Probationary employees may be terminated at any time without cause '.rsoi6iand without the right of appeal. Dismissals of probationM employees also require the concurrence of the Oise tar- of H-d r,,„ Human Resources Managerrso171. 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 noop ortunity 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 '" Grie ,,,,,, Gafflwl ain4" r^�}. Department Heads should respond to all 1ZeSOU1'CeSTr �r�6—Ii6 orrcvurrcc�corrrGrtcm-�ry 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. - 48 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 0 0) working days of the receipt of the employee's grievance. Section 2.4-817 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 2.4-817.1 Supervisor Responsibilities 1. Promote a safe environment by providing training aining 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 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 2.1817.2 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 2.4817.3 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. -49 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 2.4-817.3.1 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. During the operation of all equipment, including backhoe loader and mower, street sweeper and ladder truck. When a ladder is being used the rg ound person must wear a hard hat. 2. When working below ground level, such as in lift stations ditches etc. 3. When conditions warrant and/or when ordered to do so by a supervisor. 4. When working in a traveled right-of-way. 2-.5.When inspecting construction sites. Section 2.4-817.3.2 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. !OSHAIrso181 defines the criterion for safety footwear. Section 2.4817.3.3 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 2.4817.3.4 Safety Vest A safety vest shall be worn when an employee is in a flagging -position and/or when working in a traveled right-of-way. Section 2.4817.3.5 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 2.4-817.3.6 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. - 50 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 2.4817.4 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 pro r�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 2.4917.4.1 Employee Iniury/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 hM12en 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. The longer an injury goes untreated, the greater the chance the injury will get worse. 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 InjM - Employee's Report" (Isee Appendix &x?;xfBOl91) within twenty-four 24)hours of the accident and forward it to the supervisor. 6. Update Human Resources personally after 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 not give 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 du. 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 appointment unless directed otherwise by the doctor. If directed otherwise by the doctor, - 51 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4-817.4.2 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. The longer an injury goes untreated the greater the chance the injury will get worse. 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 -ZZKMGrB020j) 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. if there is a witness, ha � this ersen eampl€te�he "W rBO } 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 2-.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 2.4817.4.3 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 2.4817.5 Work Related Iniury 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. Section 2.4817.5.1 Appointments and Follow Up - 52 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Employees must let Human Resources know when they have a doctor's or physical therapygppointment scheduled. Immediately following each doctor's visit or physical therapy appointment they must personally update Human Resources and bring in the pgperwork Section 2.4817.5.2 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 duly 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 2.4817.5.3 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 DivisionManager. 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 2.4817.5.4 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 2.4817.5.5 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 2.4917.5.6 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 2.4817.5.7 Released to Work 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. - 53 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 2.4817.6 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 2.4817.6.1 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 injuD/illness will have the option to report to work or continue to be off work and use benefit time. Section 2.4817.6.2 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 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. - 54 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4817.7 Accommodation Hearing In the event an employee has been ig'ven 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, reasonable accommodations may be granted in whole partially or not at all. Human Resources will inform the employee in writing of the City's decision. Setion 2.4817.8 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 o 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 2.4-817.8.1 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 areal rather than returning to the base location, subject to supervisor approval. 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 2.4-817.8.2 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: - 55 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4,817.8.3 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 n city business are subject to review by the proper authorities for disci 1p inary action in addition to normal law enforcement procedures. The driver of a city vehicle is responsible at all times for not only the safe 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 - 56 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 7. Employees shall not allow members of their family or their friends to drive cit vehicles. 8. Abuse of vehicle privileges may result in disciplinary action up to and including termination. Section 2.4817.8.4 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 2.4517.9 Collision Investigation Involving City Employees If, while operatiniz 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 2.4917.9.1 Vehicle Accident Reporting Requirements—Employee o��pf eafed to send tensur-aflee. 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 H) and immediately return it to the supervisor. Section 2.4817.9.2 Vehicle Accident Reporting Requirements—Supervisor 1. 4—Convey the pertinent information to the Finance Department immediately, especially if the vehicle has substantial damage or the party has incurred injury 2. 2=Approve and sign the "Vehicle Accident Report" (Appendix H) that the driver completes. Complete the "Supervisor's Vehicle Accident Investigation Report" (Appendix I 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. Section 2.4817.9.3 Investigation Procedure 1. •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. 2=All collisions involving city vehicles or persons on duty and actively engaged in city business will be investigated by police agent. 3. 3—If occurring outside the United City of Yorkville, the collision will be investigated by the police agengy agency having jurisdiction. 4. 4-If occurring within the United City of Yorkville and involving property damage or a minor (non-hospitalizing) injM, the collision will be investigated by the United City of Yorkville Police Department..- 5._ -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 - 57 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 authority. Selection of an outside authority will be handled by the United City of Yorkville Police Department at the scene. Section 2.4-817.9.4 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 2.11,817.10 Emeroency 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. 4—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. 2—. If an employee is unable to report to work, the absence may be charged as vacation or personal leave, 3. 3—Such leave cannot be used to offset absence from work for pay purposes for other than sickness. Section 2.4-817.10.1 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. Section 2.4118 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 2.4118.1 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 submit to a search or 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 - 58 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 2.4118.2 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 U to termination. Section 2.2,019 Nepotism Section 2_.2x019.1 Prohibition on employing the Spouse/Relatives of Department Heads/Elected_ Officials/Paid Appointed Officers (Anti- Nepotism) bra.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, Building and Zoning Officer, 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. Elm.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 2.2x019.2 Spouse/Relatives of Department Heads/Elected Officials laf..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-Mayef is responsible for the coordination, administration and implementation of the provisions of this policy as approved by the City Council. Section 2.2019.3 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. - 59 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 City AdmiffistaterMayor 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 r ity ^afaiais~atefMayor to ensure compliance with applicable federal, state and local laws. Section 2.2420 Dissemination of Information Policy Title 1, Chapter 5, Section 5 of the City code outlines the Dissemination of Information Policy: B-.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: 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. 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,�2'.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 2.2321 Use of Telephones City Equipmen t City e"ipfneat and supplies may beased enly for authorized City pefpeses. Ne City equipmen rr y promises r r Head, Gity n a., inistr-a4 f r Mayen- - 60 . TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 2.3321.1 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 maybe required to pay for any none--city business calls they make which are charged to the City. This policy is subject to change, as the City deems necessary. Section 2.3321.2 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 2.2321.2.1 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 dU. e. How frequently the cellular telephone will be used. Section 2.3221.2.2 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 eng eral guide and may depending upon the City's vendor and/or the City's needs. Section 2.2321.2.3 Eligibility Criteria Employees eligible for assignment of City-owned cellular telephones are those desi i}ated by the City Administrator and/or the Chief of Police including (but not limited toy a. 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; - 61 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 b. 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 inte rite of the City, c. 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• d. Department Heads and employees who have responsibility for responding to public safety incidents in the field. Section 2.2421.2.4 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. 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. Anv 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 2.2221.2.6 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 clue to employee negligence, including but not limited to: misuse, abuse, carelessness, misplacement will Eye repaired or replaced at - 62 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 the expense of the City,however this will be subject to corrective action as determined by the department director or designee. Section 2.2 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's and shall remain under the City's ownership. - 63 - TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 SeetienSECTION 3 Direet DIRECT COMPENSATION Section 3.1 Regular Hours of Work Section 3.1.1 —Workday 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 who'''se 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. 18:00 a.m. to 4:30 pm with 1/z 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. [B022jPublic Works, Parks, En ineering 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 Human Resources 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 witlil7cld from each l.)aycheck, in an amount to be detennined :annually by a vote of the City Couficii.S0.00 for- HN40 eeyer-age and $25 r. RR [B023IThis fee is s ee4 a eh a -as a a by the City r i - 64 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 with a y ( ) J employees J Yi vYv qua , 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. e d.Department Heads or their designee shall distribute payroll checks. e. Hourly pay is defined as base pay plus all 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 that time worked which is more than a 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, ssworn full-time employees may take compensation time, as outlined in their police collective bargaining agreement - 65 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 coamp time will not "unduly disrupt" the City's operations. .Employees with eewipensatien tiffle aeeraed pr-ier-te Augtist 28, 2907v,,hieh is gfeater thaff 120 eempensation time r-em i i — i ess ef 120 hours shall be paid eut a4 the end efsaid two year-gfaee eveffifne houfs worked during Otis pefied will be paid e:ut as eveftiffie. Any empleyee ha-vitig a stat+is eha*ge fiem nen exempt to exempt status shall be allowed one ealendar-year-fiem the date of sta ehange to use aeefued eefopensafien time. Any sueh eempensation time r-emaining shall be paid e the end of said ene yeaf gfaee period.- 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 ne atg ively impacted. Any non-exempt employee who flexes their hours must do so in the same work week; hours can not 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 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 After 9 years,but less than 14 years $1000 - 66 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 After 14 years,but less than 20 years $1250 After 20 years,but less than 25 years $1500 After 25 years $2000 Section 3.11 Performance Evaluations and Pay Adjus� Section 3.11.1 Employee Performance Evaluations At a minimum, yearly performance reviews shall be made of the employee's work performance by the Department Heads, and reported to Human Resources and their immediate supervisor by Apri l I" of each year. Emplovees 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 Wages for all City employees shall be reviewed by pril l st 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 ep riod. Any employee hired more than six (6) months before a wage increase shall be eligible for the wage increase, pro-rata. - 67 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 SECTION 4 EMPLOYMENT BENEFITS Section 4.1 Vacation Leave a. Employment anniversary dates shall govern the number of vacation days allowed. b. Full-time and eligible part-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 and eligible Part-time employees Six (6) months through less than one(1) year—40 hours One (1) year—40 hours Two_(2) years through five (5) years-80 hours per year Six (6) years through ten (10) years=120 hours per ye ar Eleven (11) years or more- 160 hours ep r year Exempt employees Six (6) months through less than one (1) year—40 hours One (1) year— 80 hours Two (2) years through five (5) years - 120 hours per year Six (6) years through ten (10) years - 160 hours per year Eleven (11) years or more- 200 hours per year c°. 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.. d. Vacations are normally requested in forty (40) hour increments. Smaller increments of vacation leave Eight (8) i.,,ufs of yaeafie 4°a_e° may be taken i„ gle a..y&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 vacation request submitted for the calendar year by February 28'1' 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. e. Upon the employee's anniversary date, a maximum of Provided the °ffrleyee seheduling pfeblems, ene week--forty (40) hours of unused vacation time may be carried over into the next year;er- the empleyee shall Zer—the Rrrcrw� vaeatieff. The Depaftment Head shall make this deei i f,_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 - 68 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 swem, nea exempt, fill time employees' u°flaw Ra will be covered as outlined in the pale collective bargaining agreement. Public Works employees called in to work on a Cit reco ng ized 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 DayLMartin Luther King, Jr.'s Birthday, President's DayLGood Friday; Memorial DayLIndependence DayLLabor DayLVeteran's Day,,-Thanksgiving Day: Day after Thanksgiving DayLChristmas Eve 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 Sich I 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 primM care giver (includes parents, in-laws, children, spouse, siblings,grandparents and grandchildren or at the Department Head's discretion). 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. 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 tlbeir physician. For any other use of sick leave, the City may require the employee to provide verification of illness. The Gity 9 , 7 ° i v., r-equir-ing the ° . Section 4.3.3 Sick Leave Utilization - 69 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 then 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 rate of pay as determined on April 15`h 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 leave. Employees electing to sell back their sick leave will be paid to them by June 15th. 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 ten (10) 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 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 - 70 - TRACK CHANGES COPY---DRAFT EMPLOYEE MANUAL 09-06-11 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 Ma-yeF—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. 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. XT SECTIONSection 4.8 Illinois Family Military Leave Act MRIM rT-EXT OF cECTION11111HR M 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. - 71 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. NFAV cRr-vr IONSection 4.10 Time Off for Voting rrrrrrrrr EXT OF SECTIONM!HIM Every employee who is entitled to vote at a general or special election is entitled, after ig ving 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 4.111 Unpaid Discretionary Leave In addition to the leaves described above, regular full-time emplUees «rho 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 otherwise required by applicable. law. Leave of absence request shall be presented to the department head in writing by the em to °ee. The request shall be reviewed and approved or denied by the City Administrator._ If approved. the ealiployee 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 i«surance 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 eg nerally 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 - 72 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 may resume his/her same status therein subject to the approval of the City Administrator. If the position no longer exists the em llooyee will be encourage to apply for an open positions. Employees fflay obtaiff a lea-ve ef absenee. The employee must seek appr-eval for-a-aunpaid disefefienar leave fiem the Mayor-and City Getmeib Sueh lea-ve sha4l be unpaid and sha4l net be used to gain efflple�qReftt elsewhere. Section 4.129 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 and eligible part-time employees are covered under the City's health, dental, and vision insurance plan. There is a 30-day fie-awaiting 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 the4l monthly participation 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-ninety-(90)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$5,000 and dependents at$2,000. 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 change insurance carriers, change health maintenance organizations, self- insure, and/or change or eliminate any benefits at any time with a ni*ety-W forty-five (45) day notice, when practical in accordance with applicable law. Section 4.14-2 Pension Participation Section 4.142.1 Eligibility 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 4.142.2 Military Service Credit (Appendix ZZZZZZ) 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. - 73 - TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 Section 4.153 Continuation of Medical Coverage An 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 4.164 Education a. 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) leaves 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. Then 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. b. The City shall pay tuition and fees only for college coursework (not travel or wages), unless otherwise approved by the Mayor and City Council. b-c.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. Ed.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 eU ndin 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 C- 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 C-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% Vie.Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. Section 4.17- Training and Certificates - 74 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 a. 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. b. 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 c. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form (Appendix JN) 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 4.188 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, or employees shall be issued a City credit card when feasible.taken from petty cash or by requesting a check from the Finance Department. 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. Maximum lodging rates shall be set at the conference-host hotel rate, or in absence of a conference, $150 per night. Department head approval must be obtained for any and all increases to this amount for lodging. To minimize travel costs while at conferences, employees are encouraged to ask the hotel for government-rates and to stay at the conference-host hotels. At conferences, employees are allowed to sta at other hotel of their choice, so long as the hotel rate is equal or cheaper than the conference-host hotel rate. Section 4.186.1 Family lodging and accompaniment The City does not encourage family members to accompany the employee on an official trip. However, there is no objection to this practice if their accompaniment does not interfere with the purpose of the trip. Family members shall travel at their own risk and cost. Section 4.19- Internal Revenue 457 Deferred Compensation Plan The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan, which creates the opportunity for financial benefits and favorable tax treatment on the part of its employees. The employee contacts the Human Resources Pivisie*Manager u,,,.,,,,,, D os,,efee Cie to receive and complete the appropriate documents to enroll in the plan. Section 4.204$ 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. - 75 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 4.2149 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 4.21471.1 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. Section 4.214-1.2 Notification and Verification Qualifying employees must notify the Human Resources Diyis3 Manager as soon as possible when requesting time off. While verification is required the Human Resources DivisisnMana er 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 4.214-1.3 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 4.214-1.4 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 4.2149.5 Job Protection - 76 - TRACK CHANGES COPY DRAFT EMPLOYEE MANUAL 09-06-11 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 continued 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 su ersede Section 4.220 Blood and Organ Donation Leave Section 4.220.1 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 ever 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. An employee must obtain written approval from their supervisor, by submitting a request for leave form (Appendix K), no less than five(5)working dasprior 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 4.220.2 Organ Donation Employees will be entitled to up to thirty_(30) calendar days of paid organ donation leave in an 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 their supervisor, by submitting a request for leave form no less than 10 working das 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 4.23-1.1 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 mad be granted to the employee except sick leave and disability leave. Section 4.234-.2 Notice Provisions - 77 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 disru tp unduly the operations of the employer. Section 4.243 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 4.243.1 Disability - Non Work-Related Section 4.243.1.1 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 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 on the active payroll 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 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 the COBRA policy for full-time employees. Section 4.243.1.2 More Than One (1) Year's Emplovment 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 on the active payroll for a period of u 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 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 the COBRA policy for full-time employees. Section 4.243.2 Disability —Work-related Section 4.243.2.1 Less than One (1) Year's Employment If an employee who is em»dyed 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 em to ent 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 assi red position after a period of thirty(30) consecutive da s from the first date of his/her disability, he/she may be separated from the active payroll. Any unused - 78 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 4.242.2.2 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 iniury 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 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 uch 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 4.253 Family and Medical Leave Section 4.253.1 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 4.253.2 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 4.253.3 Reasons for Leave A leave may be requested for any of the following reasons: (1) Child Care. To care for a child born to or placed for adoption or foster care with an employee; (2) Family Medical or (3) Military Care Giver. To care for a spouse, child, or parent ("covered family member") with a serious health condition; or (4 3) Employee Medical. Because of an employee's own serious health condition which renders the employee unable to perform the functions of their position. Child Care Leave must be completed within the twelve (12) month period beginning on the date of birth or placement. In addition, spouses 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. - 79 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 4.253.4 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 (in that or-der-)-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 4.253.5 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 LK), available in personnel. Section 4.253.6 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 4.25-3.7 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 - 80 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 4.253.8 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 similar position. If you take an Employee Medical Leave, 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 4.253.9 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 4.253.10 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 4.253.11 Policy Administration This policy is intended to comply with and will be administered in accordance with the Family and Medical Leave Act of 1993 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 4.253.12 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, - 81 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 4.25-3.13 FMLA Forms Conte Oi . u.,,..., , n eso ,-ee Depai4.Herr to ,.bta f sFonns to be used in conjunction with requesting to use FMLA time are attached to this manual as Appendix L- Section 4.264 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 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. - 82 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 £eetle}-SECTION 5 SepaiFationSEPARATION or-oviding that the employee laid eff-hK 4w qkillz and a-bijity for.the job t- be filled. No emi3layee or-fit4e requires 2r3 yete of the City fei:all empleyees.I Sectio 1 5.I- Termination An employee may be terminated only by the Mayor, following a recommendation by the Department Head and the Director of Human Resources to the City Administrator. The Department Head shall consult with the Human Resources Division 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 (employees who do not leave in good standing are not accorded the benefit of payrnent for accumulated vacation leave). �rs025IThe employee shall receive his/her final check the date of his/her termination. Section 5.23 Employee Termination and Exit Process Section 5.23.1 Service Retirement This is voluntary termination after having satisfied the age and length of employment requirements of the applicable state retirement system. Employee must receive retirement wages upon termination to be considered as retired. Section 5.23.2 Disability Resignation This is voluntary termination necessitated by an injury or illness which renders the employee incapable of performing his/her usual job. 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 resi ation. Section 5.23.3 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 - 83 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 vacation and/or sick leave time. Exceptions to the time limit requirement may be granted by the Department Head and Human Resources DifeeterMana er. Section 5.23.4 Probationary Termination This is termination of an employee during the established introductory period usually for the inability to meet position/doartment requirements. An introductory termination occurs only after the supervisor's consultation with the Human Resources Divi&ienManaper, and must be reviewed by the City Administrator and approved by the Mayor. Section 5.23.5 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 minunum In layoff. recall and tilling regular job vacancies, the City shall _give equal consideration to an cniplovee's abilily and pert'ormance of the duties required in the j h. and consideration to an emploti.ec's lertr4111 of esorrtirrrIouS scrtrice with the City in the= classification. In applying this provision__ where (JUa.lifications. experience and performance are equal, seniority shall govern. Every effort will be made for transfers to other-departments when a position is open for Nkhich the erti for CC klusEliftes. The City shall provide an employee with at least two '? ',necks advance notilicati.cm prior to layoff; except in case: of emercency. An ens ployce on layoff must keen the City, informed of the address and telephone number where lie she can be contacted. It' the City is unable to contact the-t:UL�IoN,,ee x�ithin seven ( ) calendar days. the Cite'; obli+ninon to recall the emplove.e shall cease. The ['try Shall have no obligation to recall an employee after heishe has been oft continuous layoff for a period which exceeds rune_(l) year. Should an employee not return to work when recalled. the Cite shall have no -further obligation to recall him/her. s[ 0?6l Section 5.23.6 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. Prior to the exit interview, a letter concerning COBRA or continued health insurance will be sent out to the employee (full-time only, see Medical/Dental Continuation Plan). The cinployee should bring the COBRA insurance letter to the exit interview for further discussion. Human Resources will also review the following with the employee where applicable: • IMRF withdrawal form • vacation, sick, and compensator time due • partial pay for exempt employees - 84 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 • flexible spending plan • tuition reimbursement • items to be returned to the City • terminatinp, 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 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 our supervisor? 4. How would you improve department or City procedures to make this a better lap ce 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 Divisi&FManager 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, bunion dues and any other amounts specifically a eed upon orally or in writing by the employee and the City. Section 5.23.7 Final Paycheck Before the final paycheck is issued to the employee, the employee shall be required to follow the clearance process. The terminating employee is responsible for ensuring all appropriate items have been returned. Failure by the terminating employee to return City equipment may result in delay of receipt of the final paycheck. Section 5.23.8 Termination Date The official date of termination will be the last full day the employee reports for work. Section 5.2-3.9 Continuation of Benefits Benefits continue through the time actually worked by the employee. Section 5.2.9.1 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 - 85 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 PI until his or her death or remarriage under normal plan provisions. In the case of dependents they 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 5.2-3.10 Pension Contribution Refunds For those employees who are not retiring, moneys accumulated in the employee's retirement account are refundable, 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 5.23.11 Unemployment Compensation All claims for unemployment compensation as filed by a terminating employee shall be processed by the Human Resources Division and the Finance Department. Requests for information about unemployment compensation should be forwarded to the Human Resources Division immediately to avoid unauthorized charges against the City's account. Section 5.34 Use of Paid Time Paid time (e.g. personal days, vacation days, compensator tom) or time off for all employees may not be used during the last two (2) weeks of employment unless approved by Human Resources Section 5.4-5 Vacation Pay-Out at Termination tmployces are to tie compensated for all unused vacation leave at termination if they leave in good standin g,I[ - 86 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 5.56 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 ten (10) 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 5.68 MedicaUDental 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 y 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 5.68.1 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 groo health plan terminates; 6. A dependent child when he/she no longer qualifies as a dependent under the City's roue health plan. Any of these individuals who are eligible for continuation of coverage shall be referred to as the "COBRA Applicant." Section 5.68.2 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; - 87 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 • 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 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 Process Policy. If this individual is re-hired he/she must meet a pre-employment physical and drug test. 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. Vacation eligibility will be based on previous City service if re-hired within one (1) year. The date of hire will take the person's previous service with the City into account; however, future increases will coincide with the re-employment date. The individual's previous personnel file will be re-activated once re-employed by the City provided re-employment is within seven (7) years after the original resignation. All individuals re-employed by the City must complete a new introductory_period. Section 5.89 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 M), 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. - 88 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Seetie$SECTION 6 u^r°^rn^' D--^e*.^^°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 with 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, martital 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 status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. 1. e . H. Reepaitment fiffii adver-t ,es and ellee4s r-esumes. TTi Re ,;..,.^„t fi f meets , ,;,-t, r,,,,,,,.;1 Park Beat a appfepfiate C t4 to 1 t Mayen Al AA,I a ,, a„ is ;,,te..,.;ews and makes 1 t . V. ..rr.,...t.11..11t lllli.l.,by Mayer- V1. T H.,&m,,,. D ese adyeAises;el.. and eelleets 1. 11 N111 U11 1 ^ e HTT D e e a e.] by the City A.7,,.;,..;.,t fat .7 U D . �..w..11lw ..1..lvrlvrrvu by �alv v . TTT R e e e e en4ea to the ate eemmi#ee t ,1 t ��_. �_.,�,,.....� ,.1.,t,:.,�.,ll�.,.l �., I.11V�YYrV�Sl . Al. Applieaiits to be i te...ie._e are , 1 tedln4e,,,;ews held b E 4 .� ,.., .... ....1 r 1..rr�c�are wee-and adviee fr-efn eutside pfefessie °vs), and a r-eeemmendafien is made to the Mayen V Mayer-^ ndi ets irate,.,,;ews and makes sel eet V1.=Appeifftment made by Mayer-with the eenset4 FAT, City C e;l and b effer is made. V11. Humaff Reese rreec a.,eAise„ ;eb opening and eelleet 1 .��. � .. +. . , .1 v 1 v r 1.vv�o the City A,, st i u4vi „, U D urvcT. - 89 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 X. Applieants to be intefviewed are seleeted. The Maye,,heth of the , e X1. ifiter-views e hold by eemmittee with assistanee and ,.dyie_ c o eutside . VT T R..yo ,.a ets inter-views and,.,.,Les se,eetie« VTT A„" atfoent made by Mayer-with the eensent-of the City-r ourrn,-crna job eff-er- rraQ e. 3,111. Pef stme statutes, the Mayor-may make temper-afy appointments pf-ier-to this pr-eeess, d+ir-ing this pr-eeess, or-after-the pfeeess should the City Couneil deny a mayer-al appe� . Section 6.34 Hiring policy for all other employees Section 6.34.1 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 rep vail. Section 6.34.2 Approval to Recruit Personnel In order to recruit personnel for a job opening, the Department Head must have an ap roved 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. 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 6.34.3 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 o ening 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 dates. 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 - 90 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 submitted to Human Resources. Posting will be made available on Cites 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 6.34.4 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, medical examinations, physical agility tests psychological evaluations performance evaluations, assessment centers and other measures that are job related and reliable as a predictor of performance. Section 6.34.5 Job Offer 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. Section 6.4- Job Description Creation Section 6.45.1 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 6.45.2 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 x.x3.11. - 91 TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 Section 6.56 Personnel Records Section 6.56.1 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 se ap rately from personnel records. Work-/sSalary historyies will be maintained permanently. Section 6.56.2 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 ILLS 40/01.01 et. seq., or as authorized by the individual employee. Section 6.56.2.1 —Ennploymeent review of records TEXT FROAVLA-W An employes 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 [BO28] Section 6.56.3 Standardized forms Personnel evaluation,_ab$enteeis, - . e as, adather-job performance and employment records shall be standardized by Human Resources, and will apply to all City personnel. Section 6.56,4 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 ofd said action with Human Resources, the Finance Director, and the City Administrator, who will notify the Mayor. Section 6.6-7 2.3 Probationary Period A formalized sire-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 ep riod . The evaluatien p ricer-ere to be t+eated as an 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. not iWly that the employee has a eentfaetiaa4 right te eefAinued ef*o�qmei4 with the 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 - 92 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 £eetten 2.1 Deem t,`.ent .pplienti,,, and Seleet:e Seetfen 2.1.1 Reer-uitmen it is the el; of the United City of Yer-kyille to of-er- equal 1 t ..t, t 11 1 r aJ, J� `1 Y J YY y ua all 7 ) ) 7 , disability, 7 status, arsVlal geCl, all 1 ; with ,Beall°law.Appointment and pr-emetion te the pesitions in the City will be based upen mer-it and fitness. Seleetion 7 aptitude, and adaptabilit�-. eet}en3.1.3 S eleette-i Regaf,diess of the number-of appliec-wAs, seleetieft methods shall be deemed eem-petitive when the qua4ifieatieffs required afe based upon e"eation, . . and pei-7senael sta-ndar-ds established for-the position. in sueh > apply, ,„1 the F lle edefes will t t1, t,, t f 11 1 ......... LLLV avaav vv Lu6 Yiv vvu ua vu vv aaa lV Cii�ZCCIiTiCiIlGiir�L'C[71�7GT.7�2IIIGr a. When any non exempt jeb vaeaney E)ee-ur-s that has been approved by the Mayer-a City > the Depaftment Head shall pest the jeb announeeffient, ey�te,-,,ally, star:, the t;t4 , salafy a,AbdeS£i-iptkeiz,manme1 ef applieatieft,-an elesing date for-applieatieft. Wine kpplie-an"aiifie-atr'e , /or->..eldingperson 4 intefviews-eke _vu.a __- '- "- -- of-- r-"J- -_- . .. the YY-ie.rt deemed best suited a employment vz t the City. The DepaAment Head may een"et my other-required pr-e emple�� -;Is- ffl-eadiieffid aftd/or-psyehelegieal test. The DepaAmefft Head shall hire eiily appliea caa . he have ed A pr-e-emple5q:nent testing. The Dep3ftment Head 11 netify the F na- e D ate-'of the hiring and eep ,the City n,1,, st, t v. Va,;ae v el va4 fLLa time City employees are e ea tea ply f appeifftment to Y"s-_tio- - f-- t - e -the y are"a4-fi'--7 the City reserves the LbLt t w Laae vxt euua iatei%a4 applieaftts fer any er-a4l vaeai#p6sitiens. Aee6r- position:m elim cvca r�ntttr maybe peste,l ;„te....ally&Rd/e,.a&eftise,l before a pesitien filled. aaaw� vV 1./V VLVa4 1aaLVa aLLU1,' LLLLLL/Va LLI.LY Va L1U Vll .1 A,. a pleyee eftl,e City be este.l to t,.a..sf«tea etl..er- ,.:tie u. a L.LL viuravy vv va Laav vaLy may or- , Seetio '2 TersennelReeer-ds - 94 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Seet}en 2.2.4 M ..te.,ane ,d.. �raiciacciriciice$r-reeva-QS i title, depaftmeRt, starting da4e, salary, states, > .bons ed e« eb. ;..f at be a si a«e,7 e..ti ent Seetion 2.2.2 Confidentiality kV11 V11J,�T V111V "CONFIDENTIAL" and sha4l net be released to outside pafties exeept where eensistent with the Illinois Per-sefiffel Reeer-d Review Aet, 820 ILGS 40/01.01 . sew er-as aiAor-ized by the� vi"a4 empleyee: absenteeism,Seetion 2.2.3 Standar-d4ed forms Personnel evaluatien, , and will apply te all City per-sefmel;- With the > demotion, employee, the appropriate Seetion 2.3 ]Probationary Per4od i other-aspeet of jeb pef&ffaanee deemed neeessafy te insufe the highest level ef per-femanee. Seet}e° 2.4 Reduetio i Work r'9ree file to sepper-t aetien taken. In the evffit ef a layoff-, employees laid eff shaUmbe plaeed on a pr-efer-eiitia4 hififtg list fef a period ef Re less than twe (2) yeafs. Re hir-ing sha4l be i - --der-ef , pr-eviding that the employee laid eff has the skills and ability fer-the jeb to be filled. Ne employee ima� > , - 95 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Seetion 3.1 Equal Employment Poliey with eder-a!, State, ead Leeallaws.! a. it is the pokey of the United City ef Yefkville to pr-emete ffendiser-imina4er-y pfaetiees i its hir-ing and its eefAfaetua4 ti-adertakings. it is the pokey ef the City to eenfefm with a4l Aet (42:68C §2000), and a4l State Civil Rights b. Ne per-seii shall, on the gr-eeffds of . 7 ) ) sex, age, 7 status, aetivity funded in whole .,..E by Federal fund. The United City ef Yefk-ville is eemmitted te maintaining a wer4 ewvir-eftmefl�that is fiee e diser-imination. In keeping t this t E) will E E C + i ent of City a pie , 1._ 7 7 te make it knewfl 7 7 whenever-they r-witness 7 7 ) 7 that is based upeii per-se�t eetva status, ex,-eeler, t:aee, r-eligion, na4iana4 en, age,p1yuC„ = disability er-ether-pr-eteeted gT-eup status. The City will iiet teler-ate har-assitig een"et that aff-ee4s tangible job benefits, that iftteffer-es unfeasenably wi�an 1 1 based on his or-her-pr-eteeted status. and ether-physieal, verbal, er-visua4 een"et based on se* eetistitute sex-ual har-assment when (1) er-r-ejeetieii ef the een"et is used as the basis for-aii ewplernefft deeisiell, (3) the- ee--due4 has the I whether-a;,.ee,ea +ewafds ., Y e eft the e YYe •7 aJ� r site ra vi, a l Cal same UVAU E l It 11 " It 11 or-pfepositiens, 7 7 teasing , jokes", 7 ) 7 - 96 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 All City ewpleyees are responsible to help assiffe that har-assme14 is avoided. Anyone W-he beheves that, Head, &apeI YIJ VI, Gity Attomey, Mayer-^r City rte v bulletin beafd. The City fiAids r-etaliation against anyene fef fepefting har-assmefA, assisting in making ha?ve been retaliated against sheeld fietify the City 7 Head, 7 pr-aetieable, the City will keep eemplaints and the t s ef their-FeSelfl-Alieff eenfidential. if—aft investigation eefififms that a vielatien ef the peliey has eeeuffed, the City will take eeffeetive aetion, ineluding diseipline, ,ap te-and ine1uding iffifnediate lefffiina4ion ef e zellt. Aft empleyee whe believes that he er-she has been the subjeet ef harassment er-f-eWiatieft fe appropriate state-er€edei-70 e4or-eementagefey. These inelude: 100 West Rafidelph Stfeet, Seite 10 100 Chieage, illinois 60601 312 Q t n 6200 Chic ge Dist iet nffi^e 500 Wes MadiseiStfeet, Seite 2800 Chie ge) illineis 60661 212 353 2712 Seetion 3.3.1 The United City of Yor-kvifle has adopted a Dr-ag Free Workpinee Poliey as deseribed-in Reselittieff NumbeF 93- 7 (10 25 1993). it ends as f '�T illegal dpags and the abiase of legal dizags in the weftlaee are a signifieant danger, They iw,,paif safe iii the wef4laee Under-the federal and state Drag- reeWof4laee lets, ^�-- ' 701, et eq 0 ILCS 580/1 et seq., in er-def fof the City te be eensider-ed a "reasonable seur-ee" for-the awafd ef fedeFel er-state 7 Seetion 3.3.2 Definition and deser4ptions n„_•• t t i. >, Cit t, a a >, t t t>, the f site is ao„t,.,.^a to be „ aFag .+..J ...�............ ...�.�.. �...J vwva..�v.a au �vaiu.,a�«u, vv uv�aaVi ua. �aaa.�va uaay v�u ) dispensing, 7 as defiffed in the fede - 97 - TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 valid n res �„tie„ An employee .1e has been p Y ,ibe .,ugs a tle is t.kif. the eeafit medieatiens that eeme in eefttaifiefs with wafaings about dr-owsieess or-iR4erfer-effee with the abi!Ay-to operate 7 safely, or-ethefwise per-&fm their-job diaties is required to imfnediately other-wise e ;fie,ll ..7; eete.1 4e de se by their-doete.• b then .`�,t......a�a....aaJ .a.a.,.,...,.a ..v uv vv v y �aavaa uvvwl va v�ulval In"' ,late„ of any state er-federal net seetien-3.3 Employee's ability taperdeFm duties Employees have the right to knew the danger-s of dfug abiase in the wefkplaee, the City's pehey abeet them and what help is "!able to eambat dmg pr-oblems. Employees needing assistanee in ever-eeming a-ppr-opfia4e outside agefteies. GeaseiefAiees eff-efts to seek sti�help will netjeepafdize any empleyees' job fief will it be noted in any personnel r-eeer-d. However-, r-efeffa4 te saeh programs �effipts an «leyee f.e, diseipl;„e f«le.,., than ., . table;emb pe..F „ve Seetion 3.3.5 Employment eondition As nd tie,-, o f initial and a ..ti.-.,,e,l a ple<..r..ent etr a pleyee ..1,.,11. TIJ LL-GV11Ca1 L1V 11 V 1 111111 U1 and e • ffeewef4laee-;-and, hA arm a e,7 by 1. t., „� 1r; 1,a of his ,.1,e e�; of.... �,b. .., .,a..:l::aa..0 by law, v uuVlua 111: va uvi uuYvi efug-or--a4eehel Statete, for- elatie )a or-off City premises, whilee eondeeting City business,ne later-than five (5) days aftef s;ac-h a eeffvietieft. A eefivi means a frFrding-efg";1wr c(ineludii lea-e "no le eeiiteadeF " er-the impesitio ef-a Seffteie judge e, jefy iff any f dera eratate eetA, a-a/e, e fi„dL�— f Ee vuYemsieft-. u c this ° ey;. - 98 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 b The City m ,e aa� L.aa �l le ` ...l.e _ielates the to fms of this pokey to e4isf t •1 Seetion 3.4 DFug Testing it is the pokey of the City to eendoet di:ugWeehel testing where it has reason te believe that a* employee maybeender-the ififfitenee of- ta..�'�„uJ'YV�u« 11iJ1V y'V^ 11V Y1Vl{.ILVJ Lllt-1VT111J 7 illega4 drags or-ether-eef4felled substaftees. in additien, disabled a pieee ef equipmeftt shall be tested for- 7 7 or-ether-eentfelled substanees. 7 Employees subjeet to Depaftment of T-faffsper-tation (D.O.T.) testing sha4l be tested in aeeefdanee wi to testing will fesult in diseipliflafy 7 Seetfen-3.5 No Sekeitation Seheitation by employees sha4l not be pefmit4ed dtifing wer4c4og time (the time employees afe 7 or-"ring neii wer4c4fig he N-hei-7e it will disturb et-her-empleyees who are wer-king. Dist6bution or-eir-Ma4ien of pfiffted materials by employees shall dist..:1..utie,. .,f..rinte,7 mate,-:.,le 1.y e,. a ,,levees is ehibite,7 ; eAE lL1J LL1VKL1V11 Vl 1.l • Seetie>g 3.6 Employee TCivrmaa ' tion At a 7 year4y r-eviews shall be made of the empleyee's work peffermanee by the Depai:4neff waffant. A finding ef satisfaeter-y per-fefma*ee is needed for-a&.meement eft the wage sea4e. Seetion 3.7 Outside Employment Empleyees may hold eutside 7 7 employee's not! 1) inter-lefe with the per-fefmanee ef City duties; 2) pr-esetit a peten4ial eonfiie4 ef inter-est; 3) result 7 DepaFtment Head may revoke the pefmissien w-her-e it appeaFs te the Depai:tmei4 Head that saeh aetiv* their-Depaftment Head ef the addresses affd phone fmiRber-s where they ea-n be eoRtaeted, if 7 €ear luer-k sehedWe,e€the name eftheir-sup (if appl;eable and of 1, t"e ef wer-k Seetion 3.8 Gifts Gitvseryiees , e et to be..ea e«e,l by a ple it the etat 1. f ....�__J .._'.'__., are net ..�����...�a�... ..J any�.`�t.l..J'.� with �:1"..v��........avaa Va aaa��a�uLUabv ava anygift, r-at ;4<> diseoufli ar me ftai .Y.ent L.espite1;4., lean, . eafa ee et e« sll., b1L.L`<1Ly, 111JV 7,.e 7 e 7 7 7 7 tangible of le item having 'eee tffy value. 3aiicyirei bits the r- e2cipc-v= gifts by the ����yy ley.�peese-e�ediate family member- ��*hthe effl�yee �ohib4e 77 seefee. in uddit;e..7 nll a ..leyees e required+e a p �the - 99 - TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 City's n..d; e 4 999 17 i ppe..d; G) ,..le,.,e,,ti,.,.tt f the c+ + r f+ `J "'-"'--'-- •• ''�� '- \--YY�••"••� "! ',`Y""`��"""b a. �Yav r a.,avaaa yr uaV v4uw uric Baff A4. l%erg an exi le'yeer-eeeives-any e I. of his or-her- status as City employee,the ef:f a ,s+be immediately t,,,.. d to the r•+ ) Eth nf'f J r J1e 7 �p must ) �o vrizcc r, whie-h is the Kendall County States At4offfey. The Ethies Offieer-will detefmifte the ultimate disposition of any gift of ^F.i-in b in uv4aluu vV with the City's or-dina-mee d the State Gift Ba*Aet. Additioffa4 ififbfmatieii about this-poliey maybe ebtained from the City n d, ;.;s+ a+e, ;t,;as Offieer- r;t. n++,,. e„or-7 ki Ne a 1 ` ala the City's t, ll >, f al ,.te ests the f'+ �a*y- aaYav r� ur � 4 i o owl v a�� .err __ -____ __ -_ Profits --J T+ �4ef, ° 7 City, ttttC� eE eefAfaet,pufcbas ) sale " o ebb + +l, r•t a-ad any per-seft er-eempany. Any employee who violates this see4ion shall be st*eet te a Ne efopleyee shall a his of he eff;e;al position of a ,.,le t t 4444 eoer-ee others in the f.__ _.,_.`.se of their-p mil;+;e„1 1,+s, ea efigage in „l;+;e.,l .,e+;.,;+;,,,. w while at we-1y. 7 the taking vrRrr oath zer-any City 6ffiee sha4l Ee'i3SLITCCLe an"employee's v ,,le.q e.,+, .,less alle,.,ed by state statutes. • The City wishes to iff aifftaift a wer-k envir-enmen�that is fiFee of illegal dfugs, a4eehol,tma,&ther-i 7 7 7 7 ) #ans€er-er-use ^ofa materials premises or-in City vehieles. The r g t>, t• � °c-- c uiirraT� cvvprnTCroTr-Pr all employees in ad,,.,;r;ster-ing this pokey. the sele p e..t.,of+1.e City, The C;t.. alse a es the right to ii eta ,.ehe ,.d inspeetiells f ..... ..v.....Yi.^..1".... .) �.a .,.a.. ..a..�. aaa.. va4) a.aluv rv.,vi`v'VU 4aaV rim ° flea „te,.s „te,.dial. eabi ets file d,.awe,-s desk leeke,.a eka,.es , ,;tt,e„t«et; 7 e mY 7 e "'Yu v ua.va.) VuV111V4J) ) ) 7 ^ Peliee er-their-designee fflay eenduet the inspeetien with er-without er-flPtiee. All Administfa4er-er-Chief of Poliee. The City is not r-esponsible fer-less of er-damage te per-sefW pfepef�y ea the j eb. When a supervisor-er-a-R employee has reasonable suspieien that a efimina4 ae4 of thfeat of vielenee4as - 100 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 shall een"et sueh iiispeetieff. Any abuse of this P-- the employee mai+ua4 by any employee shall be ,h; „t to diseipliffai=y „t; n t„ t° Seetion 3.11 On the job Safety/Repor-ting of Aeeidents with Gitymbusiness. (Safety Peliey Appendix 14) The avuv vv uag uu .,.. <......sa..<..ul..°.aa.,abaaacy a.,a vuavcy r-ests with DepaAment Heads and ffem them, to theif representatives, > >but it is the responsibility e f every employee t„h f,,n„1;.,,.. „th .,n,l a h t„ .11 safety f les .,n,7 ,.,,1 t' va v v va) v: Navy vv vv vvvvaaav ivaaauiui ' ° , h Any ° nleyee .,,,tin„ ; .,;t„sh.,ll „11 empleyees ,1 th .... Any..iil..avJ v.,.a....aaab aaa as .,'..iYva v i:�vi y'vuNuvaa.y ouu ° ei v,aa te v vi„1, .with all n plieabl° safety nales and n „tiees »,.aa vvaauauvaa vi Yruvcrvecv their immediate sc[P°civrser-ciepccrcmcircm &ccxet-y iff sueh a fnaffner-as to assufe ffta*iffmfn safety te themselves, their-fellow empleyee the publie. v. A ua °iNleye w n shall familiarize themselves with the safety. ,1°. , plieabl°t„ their;„h. a. No o ..mNavy vv uaaui safeguard, safety ..l;nnee ° nt for the r e fr-epin„°,Y,°nt adjiastfnent or-9. uNNallaalV ° ° �repair- ieyees shall keep their-wer-k afeas elean,,-er-der4y and, tethe extefft pessible, free f•.,,,, all r-eeagnized safety hazards n. All empley ees shed!wefk in appr-epfiate elething, ineludifig foetvveaf, tableier-the type.,a ..,.a k being p..a aaarvd, uiiu shall weaf viiisc appivjmuc°csafety aicvzccsn - :. A%e dr-iN era=„a as a passenger-in a City e A%ed vehiele, ems aper'sana4,-�iele belts.while on City business, of"leyees shall wear-pr-epef4y adjusted a*d fastened seat i Rmpleyees sha4l eemply with A applieable Leeal, State aed Feder-a4 tr-affie laws w-hea - 101 TRACK CHANGES COPY---DRAFT EMPLOYEE MANUAL 09-06-11 while k. Any employee whe siaOar-s an on the jeb if��y of illness, or-is inveived in an aeeidefi eP equipment, a City ownedvehiele, o ° 1 >, 1 ea r•t business, 1. 11 1 4 ..t f •.7 4 t1. ,7 « eft f...... ,1 submit t shall u avrvaa va u.vvaaavaa�vaa uiv-ca ° fefm to the immediate supeFviser-. Theft mpl a a ,, •t� a within °c-vo ccc�urar�naarrccca— twe ty f 1•.,ufs e f the ..n the job ,.;,lent illness t the .,t t �' 1.1 ......++.� +.,...a aa.,.aa„ „+ .++„ .,a+ .aa..�..�, .+....a.+..aa�, ::�::;y'�,a aaaa • employees,ladivi&W depaAments may adept afty safety fuies ffiat address paftie-ulaf epefatiens er-hazafds 4iat exist withiii that depaftment and w-hie-h afe not ifteensistent with the genefal s&fiaty fules listed above. Any employee found to be in viela4ien ef the genefa4 safety fales of applieable depaAmental safety fe4es Seetion 3.12 Threats,Violenee and Weapons visiter-s, er-other-in&viduals by anyone en City property er-while an employee is eff premises engaged in City business. Thefe is ne jestifieation for-sueh aetiens. Afty empleyee who vielmes this pelie),will pr-eseeutieR7. Seetfen 3z2.2 meted Co et "Wof4laee vie4efiee" iiieludes any behavior-or-eefideet en City premises, w-hieh is stiffieiently severe, eff,eftsive, er-intimid4ing te eatise an individual to r-easenably fear-for-his or-hof per-sena4 safety or- sa€4),efee-wer-kefs-affd/er-pr-epeft-y. it; °7„a°. but is et limited te, a. Any physieal > > with +:' «°a ,.:, '+ .lud+:b t: .h+:b, ;tt ' b, fighting, h f v riig „1 ;°etom et-hefwise or-nt°«t; .,11.,; ed pefsefl nr a#emnting to iniu ° ed 1, Any..1.ysiea 1.°1,.,.,;,., dffe..t.,f,..1,ysiea Lela- ie that. „1,7 «1..,.° , ,.t.1,. v. a uay lsuy oavui vvz , ° , sort drsc�sse e;er e. Any ae4 ef vandalism er-ether-intentioiia4 damage er-destfuetion ef City pr-epeft�,.- No viuYavyvv va taaaaas ra,aaty, v*vvrt■.vi uaatarva , is ° weapons or-r.,.°..fms onto City,.r-ep°..t..(itie,,.7;«,. r;ty.,°1 ieles) Seetion 3.12.3 Reporting Proeedur-es vreleriee, whetkew by an eWleyee er-neft eWleyee,ffmst immedia4ely..°peA saeh aetien to their-imimediate supefviser-a-ad law-eafer-eexnei4 personnel.Dis - 102 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 ° „14 if the employee having Iffie .led e f n n ee4e violent aet fails to rE the ..�.+».�.� L.... ..::Ya..J e...aaLL r xaa�auav YY avu ° 'r. b Any employee h. 4' 1 1 1 timmediately ft 4h. ... ....J rr aav au u Yavuua va situation In nF n4 r °l then h.; .-h e r dje (Y;4r, UI LLLLL La Vla LV law Vax ° ° ° 7 ° Administrator-when 4h is involved. e. A4+y r-epoA made pufsaafft te this pelic-y will be tfeated with eefifidefitiality to the e*teft ,a A etie s that may be ide e nd life 4h,r n4° .by a0fist or-�vaan LaauL xain ° ° ° employee n.ai�,;,7en1 en City pr- per-ty sh,,.ul be r efte l to leea la f 4 ..::Ya.,J vv va axxua r aaauua vu vx ° .—.b° by ea ling 91 1 addition 4,. the r „r4s s°4 f rth. nl. e .....°•.7 v) ..LLaaaaab i a a 7 in uu ° ,S eetien 3 .4 investigation and Responsive sle „11 be estigate 7 r tl 1, th. ! '4 LL. -___ _____----_- -- ^---D-» ...,_'�Y'»„� ....,.�..ee ..... .,� ....�.,..DL.L.,..Y:.,aaaYLay .L.y Laae � Ly. b. Based on the r-esalts-a€the estigatien, the City w;lke-appepriate-aetien.—U-a 7 the City,., report the s tention to law °nf r n4 F When 1..ble the City nn,l its employees sh,nll eeepefate fully with. ,.1; °and „the LLYYa �7 v vxL�'ux The City may take other-aetienn it deems n n4°, n.l°r the n ei fie u. xaav vaLy aaauy z 7 n ° viivumnon °`7 ' seeking.hied „l; n1 e fi , S eet}en 3.123 No D etaliat}e$ The eerie. employee fer-r-epe#ing aiiy violation of this pell'ey. Any empleyee whe engages in r-etaliation in viola4ien ef this pokey shall be subjeet to diseiplinary aetiea up to and ineluding disehar-ge.- Designated areas may be designated with appr-eval ef the D -ad and City Administfat Seetioia;3.14 Nepotism Seetion 3.14.1 Spouse/Relatives of Department 14eads/Eleeted Offleials subje•t ten n fides tinl;t.,,l;snl ° nt nfliet of iat°r°s4 n t or-deemed neeessai=y by the City Attemey. Fer-this L,L...J.....L Lv LL vvaaaaasvuLaua Ly uaL�vavv uiv agreement 7 spe:use, par-eats, gfandpafei4s, elildr-en er gr-aridehildr-on, sibl figs, n ntn7, nele and step relatives within these e 4°,..r:°n - 103 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 b. This pehey is intended to eemply with th 4s ef A applieable fedefa4, state, 1111yiv111V114L4L1V11 Vl the y1V Y1J1V11J appr-evedby the City • Seetion 3.14.2 Relatives of AH Employees a. The r r r y establish eansistent pidelines eeneeming the emple5inext effelatives e€-employees ef the City. Relative is deeffiedto Mean�eu-se, step r-elatives, within these eategeries. it is the eu of the City to provide 11 i4 41av yVl V�' 1 411V V1L favoritism a .,1+., ebaa implied,based en family 1 +' ...:1...114. 4J, 44v44aa11 Vl liuyllvu, vuov • b. The emple�erlt ef a relative of full-time-Gity eipleye , ; ,. fall ft +' d—r- `L Ke l v 1 U1V« of Vd y1e. 14e a; ee+ s e . to the related x1 ti. p l e. Full time City empleyees will net be eensidefed for-pfemotion er-tfafisfef if sueh ehffiige . employee. d If e" pleyees; y relationship b e, 1 a after- e plet +, every &M+ willbe,nadp.+e +.A"s one eft e e ,..leyees to site„ .t,>,ere ..111 Vv 111uLLV 4V 414411J1V1 V11V Vl L11V Vll relafieffship exists. if�eithe1 el le ee�.el, ..+ee s +e t ,.f r the r;+ 4 �1 411 ':iYly j'..L. v , 1 lullu will e 1 qualified,employees afe and the availability of r-eplaeemefit eandidMes for-the aff-ee ..a lee.,l laws eke Mayor-er-his-de reefs esFetisible fer-the eee'>nat e dnii tr-atien a-ad 11�e#atieii of the pr-evisieffs ef this peliey as apn="eveel by City Getmeil. pr to f ae..,,l ,,a lee,l laws. Seetion 4.1 Authorization to Use Eqtdpmen City e"ipfflent a-ad supplies may be used eii4y fer-authorized City pufpeses. Ne C4y eqeipmen supplies sha4l be r-efneved from City premises for-per-senal use uflless authefized by the Depaftm 7 .,+.,+e Head, City Adfflinistfater-, e Seetion 4.2 Use of City Vehieles - 104 TRACK CHANGES COPY--DRAFT EMPLOYEE MANUAL 09-06-11 City Peliey(Appendix 1). Use ef City vehieles (if m,ailable) afe for-offieial City busiftess ONUY i-s Seetion 4.3 Use of Per-sonal Vehieles for City Business the employee shall be eeffipensated at the pr-eN�gling lRS mileage rate. All mileage eempensatieff uvJaa uVly by their- Mayor, Seetien4.4 Computer- and Telephone Communieations Systems auaVlaaluuvu tl uilsi ', '•° ° these systems are the py-opefty ef the City and as J...Vll are lV VV uJVal solely fer-jeb related ° Per-se,.al , e of telephones). The use-e€-any seftware-aftd i ent;ia°7�� but not limited 4^ f a.,;,,.,;1°a to ;°. ° al a „4°«a handheld #er-s a eepy maehifies for-private pwTeses is prohibited. All materials and infofmatieff vwr lavr lllla.rVV uV� 1uVJ11a111VJ, LV1VVVtJ1 V1 J�11V1JV1141 V° � ,, aeeeSSed by ffathei-iz per-seiinel. Ei:apley'ees-$halo l have no ew-Her—hi-P er Y"'Y""`' `J aaa`...,..J..in the ...,,iiiuwl lavtrv'vlk, 11aV1uu111g an),ef the data files er- applieatiefis VYvivaaalg of . No empleyee 7 from the „4°.•netweAE ,•1,.a .. plie,lions ,me the � L �...�.. r.�.. ..viiY a.a wl lay.,rr Vaa�� VvYy'Vl lead uiay'uYraavua.aVl , diselese to' er-allew theme e ee�er-netwer1cb� third cfi�� 1,,,11 1. Mail, r + -vnxrrc2 all-er�rgle3�e�s befeq�ed-te-sign n E Mail, , and b. if employees ase this-eqeipinentfer-per-sena4 par-peses-they dew at tlieir Fisk. Fufthefmer-e, a4l empleyees are net eFmitted-te ese-a eede,aeeess a file efzetfieve-any elear-anee fieffi an au4heiized sapeFvise'- All pass wide a ° efty,.F41,° r;4, Employees fflay notiase a pass eede that has net been issued to them or-that is imlinew te the lr). it employees v'avauw this Nvu v:y', tu°v" diseiplinar-yaeti � e. L M+v jees fliva4 obtain wfit4en u„+uVl iz utiae u Fa Vm their- l°.,ftment Head to, e Git must e based-eft legitifnate,besiness relatedr-easens. E"leyees ffl y onl-y'ase autheiized eenneetieiis for intemet aeeess. The fletwefk administfacei will cefminate an l fret users efrifiat° e a e a° ,,..«...°R+a e e l° ° ° e Inte f..et a ° - 105 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 equipment is Bens stta Alith the l gitif °busiftess 4 ffa4her-ize 1 cp f° e 4atiyes .f the r;4.l .I i ter-4.°, °of., .1 ° «4 from time to fi f e the extent pefmit4ed by apPlie-able stme-afid€eder-a4 law. Hers s1}eu4a t these systems-. The City pr-evides an eleety-eiiie mail ("e mail") systeffi to some ef its empleyees ift er-def te faeilitate th possible eensistefA with legal requirements and established polieies and pr-eeedufes. In order-te pr-evide City employees with the beiiefits of e mail eemmunieatiefts withei&t e*pesifig the City te the fnany risks inhefent in e mail eemmunieatiens, the City has developed the following Fales. A.-,yene havifig afi�, °stie fis ni,e la ., ,.4.,x.4 their- °a:.,4° sup Seetiea-4.51 The e-mail-system used-only ts-Prue -' eommunieate related data and messages. Employees may only use e mail for-legitimate business related eeffimtmieatiefis in the eoufse ef theffi assigned duties. No one mayese e mail te eeffduet per-sena4 business ef any kind, ine4tiding dewnleading data f:feffl the intemet er-fr-em any ether-soufee fer-edief than st6efly wer-k related pufpese All a„4., of any,+.,4,,.-°that; entered e 41.«..,..-1. any Gity „4..«: ,.1..,1:...,. .17 e mail messages afe and will r-efflain City pr-epefty. None ef the data or-ffiessages May beused for-an p,afpese not fe4ated te City business. Fefffiermer-e, Re data or-messages shall be sold, tfansfnitted, Y Y J .� v i vi vu vii° uuti effieially ° ° ° , Seetion 4.5.2 Git�x eomputer-s and all data and e maR messages on City eemputer- systems are subJeet to inspeetion and sear-eh by the C4ty-. In the eoufse of their-dtAies, City s)ffitems 7 Heads, ) City's eenseltants fflay ffieniter-e4npleyeeiase of the e mail system and review the eeateiAs of da4a er-messages within the e mail system, Seetion 4.5.3 The er-eation or tr-answAssion of any data or-e mail message that may be eonstrued to violate the "Harassment it "Eqi EaVloyment tt pohey is str4etly prohibit This rrnhibitiet in 1 a 11 1' '4 ff ear-teens- ekes, °41.«:.. ,.1:,. , as slufs, r-aeia4 epithets er-any other-statemeRt or-image that migM be eenstr-aed as har-assment e Y J Y VJUU�VJ) ") 7 7 ) disability, ) a-ay ether-status pr-eteetedby law. Seetion 4.5.4 E Mail may not be used to transmit diseiplinaFy messages or- statements - 106 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 ,..1, e4e,l 4. itte mail.or- Seetion 4.5.5 Unatithor-ized aeeess of e mail, use ef other- employees' passwords an LL1V{.1VJll1 V of etheF employees' passwords is strietly prohibited. prohibited. Likewise, the tmautherized dise4esufe of ether-empleyees'passwer-ds is pr-ehibited. Seetion 4.6 Personal Use of Telephones Empleyees are pefmit4ed te use City telephones fer-per-seaa4 ese eff limited basis a-ad for-leea4 ea4ls eftly. Appr-eval te ;ase City telephones fer-persefia4 business may be withdr-aw-a by DepaAfnen4 Heads if it any fiefie eity business ea4ls they make w-hieh are ehar-ged te the City. This peliey is subjec4 to ehange, as the City,,1 ^ r Seetion 5.1 Reasons for-Diseiplin Employees of the United City ef Yorkville afe eiTerated to per-fefm satis&c4erily their-assigned duties. I is the dety ef the Depaftmei4 Heads to ever-see eeadiae4 and work per-fofmanee ef said employees within their-r-espeetive depaftments. Unless ethef-A4se set feAh under-a written eentr-aet ef emplejq:nefit-eT- L„1eUU provided otherwise by the Board of Fire and Del;ee re ; . e ple, . e«4 with the r;4„is Mayer-. RPaseias €er-diseiplinafy aefien may i-fle4ude-b�are net iea 4, 41,e folio, c�crco�rr�rvlTV�crn� 1. AL.,,.,;„e«e^^ .,44;4,,.1°e..lang «a„e4, „14;,,,.; ,.,1,ys e.,l b....-.Y. �..�1L....L,1...11...,,, 111 L.LLILL.LL...,1 1LL11bL:�LLg°v, v� i�wrlcrcrvc-r° crxigzir�rr�.rrccriZicaa ,�'f�"a'�'er 1, e.,4 4e City a p eyee,. e,.the,..,,blie e X;e1.,4;.,n of G;4,,,7.. g and .,leel.,el peke;°. .1 �7;ele4;e,., el„„:.ln.,,f,1 a e f ei l ,r.,1.,4;e,, e,..le,.a ...,le f;1,,,.e 4e a „ly wit1., an Compiled Statutes. LL. Y 1V1{.LLl Vll Vl Lill�'Z e , , e miseenduet, e, f;1, .e 4e take,e „_le e of r;4„«.e„e,4„ - 107 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 h.AbsvlvV from se1e,„lea work w t4e„t prior-authoriza4ien 1.c1 e1. ing si-V m l em e, ll e, false p-etefise. i Abse,.ee ,;tl.e„t leave F e e o o f three /2\ days (e., ; el„•,te,-y r-esignat;efi) ,. r ilu f`. J ivl u 1".sviavu-vl ) to repeft after-le&ve of abse,.ee has expired e,-has been disapproved, 1 ,1 1 7 Y voV V has ViiYii ) by the a pleyee's L 3A'e k Mite.y shows a ehfonie absenteeism. or- m Any other- determined b C De,..e,-t•..e,.t Head, Mayer, 11..1 iJ ....iivi 1vLL.�vaa uU uvwaau ilivu by u v ") 1 .Lu ill-e to , established ply it saf safety These examples are not all 7 diseipliear , netio ,lepe..,l;„g i « the a ste«eee The City is eemmitted to assisting all empleyees who are not per-fiaffnifig their-job deties at e*peet standar-ds. The City sha4rtake-afty or- all of the-€ellewing steps in devel eme en plan" for employees with Y e, a problems, although r-emediati fflay et be appfopfieAe for- e pl The f ) r-emediaideft willbe fflade available te an empleyee, as well a what steps ..1.e11 be; elu e,7 in °.liege,. ple. YY Vll uJ YY alul JLV�I e , 5.24 D emediati9n Notiee and a eha ee to improve. Dep aFtment Head shall ;«f the employee e fhis per-fefmafte nm��le s ei4ee,�.ings a p ;.le a able eft, t to Speeifie t/avvav111v va v11v1�vv11111ab1t) 11LL tJ1V Y1LLV LL 1VliU V11{.LV 1V e • pr-eblem ) and Depaftment Head may r-eeemmend that the employee eefttae4 the EffTleyee Assistanee Program. Maintennitee of • ' ffTs sha4l be in writing affd these wamin— nee based wamings. Depafkiaent Head shall plaee eopies of any effefmanee based wafflings ift the-eff pleyePs personnel file. }eyede gt�e 365 days er-ene year-aft if the empleyee has improved, the wafnifig fflay be r-emeved his 4.e•.file and sealed. Provide .. r-easonable „t) the D Head shall detemine what wealdobe a r-easenable time eefisidefing the pfeb! md P-ir--;mstaffees. - 108 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 suspended any time, vAth intent te disehar-ge, without regard te the pr-eeeding steps, if he or-she eommits judgffleat, the empleyee's eentii+ued pr-eseftee would be eefitfar-y te the wellbeing ef the City er- ally of its employees. Until aetieft by the Mayer-is taken the employee sha4l besespei}ded with pay. The Mayer-may seek advisory input fiem gie City Gotmeil in r-egafds to signifieant disei.4,;,I.i4;aRfy ae4ien e te...V. ..tea •.e e , f r fall time employees befer-e,...alp' f 1 a t ..t; a;� ,.1;,, e ttae most ..tea.. s to the efta u��:,�Y��y n e e e Per-speetive. , w-hea a4l else has failed. An employee,whose beh 'F'� peffe}ma}ee is due to ll-aek eff3}ewledgge-ere*periene ,c shei � First Wolation. Counsel the employee and issue a ver-ba4 waming. The DepaAFflent Head a-ad/e empleyee's hister-y file with the employe Seeend Violation. The Depattment Head aftd/or-Supei-7visef shall held a ineetifig with the ei:apleyee, e repetition e lead e thesuspensieirerdischarge e€the-ex�pleyee. The DepaFtmeR4 Head and4e giapen4ser shall e€ferhelp to the empleyee in solving hepr-ehleri. " f,m el . fitt hall b employee .,ra shall t, „e eept, the City A dffii ;st«„tor-, Chief ef Peliee er-EEeeutiye Dir-eeter-ef Pafks-and Recfeatien. The effipleyee sha4l be wamed that a sinee fiH4her-offense may be gr-otmds for-suspensienup te diifty days er- T pe..a the thin . el.at;e,. the Mayer-and G ty Ge anvil shall be,.,eti f ea. Fourth Wolation. The empleyee sha4l be given mer-e than five (5) days"te thirty(349) v. , . The Mayer-, if time „li,.. s with ^a<. -e fr—ei , the Qty Coune-1 sha l appf, e » on r-eeemmended by the City e that is mer-e dia-m five (5) days withei&t pay. Beet en3.3 Gr;eianee Pr-oeecue - 109 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 pfeeedur-e. if an empleyee has any eamplaint that eannot be handled er-ally by eeftsultation with his both the Depaftmei-A Head and the City Administr-ator, fef r-eview by the City Administfater, VAen th be sent baek to the DepaAffient Head afid te the empleyee within thifty(30) ealendar-days. in the ey r-equest within twenty ene (21) ea4endaf day6 an independent review by the Mayor, The Mayof r-espend ie w-fiting te the employee,the employee's immediate supervisof, Depaftment Head, and-Qty Admiaistf4er-, within thifty(30) ealeadar-days. Any aetieft taken by the Mayor-will be final. Th4s ,Seetien6 Payr-oll Administration, Hours of Work a Over-time Seetion 6.1 Regular-Hours of sAler- Seetion 6.1.1 Workday hours and limeh breaks an unpaid i Chief ef Peliee. Uti*eh breaks for-all City administfative offiees sha4l be seheduled net te dismpt Gity sefviees "On Call" status, duties, and payme Employees will be Fequir-ed for-"On ii >pemps, and lift stat4effs appr-exiffiately 7.- 00 a.m. ced wells again at appfoximately 4!00 p.m. fer-w-hieh they sha4l r-eeeive . . -- 3f twe houfs pay at the evei4ime rate. Pef-seanel so seleeted fef"On Call" dtity shall be available for-efner-geneies w-Aess @the afr-aftgements afe fflade between empleyees. Aay saeh afr-angeffleiAs made shall require notifieat4en te the DepaftmeiA Head-. Seetion 6.1.3^s;ler-li Sehedude The work week sha4l eeftsist ef forty(40)heufs per-week fer-all City nen eyrompt fuh tiffle empleye Seetion 6.2 Shift Changes All employees sha l ,. .11 ,1.° given f tH4ee (1 4) days ne fiee ,.f,,ny°t,aiig° in regular- 1 Seetion 6.3 Payroll Administration - 110 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 All salaried, heur-ly, and-paft time per-sonael shall be paid biweek4y. Up te a effe week delay in pa�amefttt f lxvnv n.Payeheeks .;11 b °; °, no later-th n 11.00 . < ,. b.All fall time empleyees with hea4th insiar-a-mee eever-age vAll ha-,xe $1.00 ,vvithhe4d from the fifst, plan.) This fee is s*eet te eha-age . . W and appr-eval by the City Gotmeil with ninety(nm a., „t;,,°t„ t1,° ° 1 that the City r l 1 � �ivJ uu�'aav uvv w uav viixYrv��v.T� [-L121i�Z7�V�i�Ga7T7�'�T1°G��'}°ri`pT"V'II„1'g-CC�ji�7eTCLrLa vuuaagv , e Tnsu nee r-eiffi-bufsemefft eheeks sha l be; °,1 with all other-vender-„1 „L 1 afiff approval by City Cotme4. un°Y ua as °«t u°,, s or-their-designee sha l dist,:1,,t° ,11 .heek� . the euffefft. ° ° pt as st..t°a in Seet;°r 8.3t Reliever-De t.,l Nicier U„1;,,,. g.Heefb,pay is defined as base pay pWs all stipends, Seetion 6.4 CaRbaek Pay All full time ewrpleyees eover-ed by this Per-sennel Pohey who afe ea4ledbaek to wefk after-ha-ving4eft after-a fall sehedaled wefk day sha4l r-eeeive a minifnein of twe (2)houfs work at fime and effe half pay. A eall baek is defined as .— at ef werk that dees net immediately pr-eeede er-follow —an EhPdWemi i$erl,heufs. Depaftment eads de net r-eEcivc-vv°crtirrrc Pay, ouczircc`p take tifne eafned, when the demands of the pesitien aRew them te de se,with the appr-eval ef the Seetion 6.5 Over-time Seheduling Seetion 6.6 Oveirtime Pay a. OveFtime pay shall be eensider-ed that time wer-ked w-hieh is mor-e than a fleffflall seheduledwer-kday er€eAy{40) heiffs per-week.OveFtixe pay shall t the ef ene-and-one-des-the heti-r4y rate, 2,080 hs. - 111 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 b All fi „ time, ;, , exempt o::a e '°cs will be ceiPeiSct°a � ,all worked s desefibed within d � b tt and duties authorized, . .; , means no empleyft shall l ,-L as an independent 4 vvi vry •' 4 stipend F 1.a ,, ,7 exeept-� �k ei ed position. Employees-sxm1r b e-duly-eexpcnac.ca-crQCr-t x the F S n f r ti,e eAke77 lewe„e„employees maybe s*eet to dise;. line r.peff Seetion 6.7 Compensation Time a. The City e"eoufagestteuse of eempensater-y time,provided ke Ret-result is- saving 6 wage egEpe..a ,,ouf of eye,.t;...,,e, ,..,.7_0,7 Head's e. All aeff exempt, fall time employees (at their-diser-efieii and with theif DepaFtmen ej:ti e hoofs worked fer-w-hiel an empleyee waives eve#ime pay.-An-ew�ployee is allowed to e eeffipensation time by the he ,. /,, , .j y' ;, e, Yeuout avrtime ru empleyees may take eempeasatien++ time, ���r d. There is a eap ef 24 0 hotifs ef eempensatefy time that maybe aeefued fer- all non exemp employees. The City feser-ves the r-i&to r-equife employees tease eempeffsatefy fiffle e "eash 11 aeenaed hetir-s exeept fefty(40) betifs at any time with a thifty(30) day employee's to f-. The City will hener-an 11 7 jmdtAy II City's Seetion 6.8 Pay Adjustments a. Wages f,. .,11 City a ..le,.ees sh 11 be reviewed by April I”of eaeh yeaf. Any adjustments i pay e-granted-in-this r time, te be effeccive with rthe Znfirst rp�ccyroxr-vrthe 7 (May 1). This is net ffleant to imply that raises shall atAefflatiea4l h 4 a Wages ,7 benefits, ,7• t 1 4 ,7 to their-..espeetiye,7 ,.t•...,., 4 b + v, uu vv>ay av , is aft addenduffl te this Pei-7seffael Pehey. This addeadiam may be updated fi ofn time to imzece ,.°fleet City re,,„e;l e ea .,a;,,st e..t. b. A new employee hired within six (6) months befefe ase may Hot be eligibi for-sueh. e b e «tit su ti s u tefy v vm„letie„ ef , . A, peried fti Seetion 6.9 LoagMty Pay - 112 TRACK CHANGES COPY–DRAFT EMPLOYEE MANUAL 09-06-11 Longevity stipend will be made to all fiAl fiffle exempt and nea &Eempt, nen bar-gaining employees based on the belew sehedule. This stipend is added to the afh-paa4 salary for-nea e*empt empleyees a-Rd exempt 1,,,,°° will,-° ° e the stipend e the 1"p per-ied e f the employee's anniver-safy of date e Mile, A tef 6yeafs,but an 9;yea fs $ 7-50 After- years but less than 14-x° $l ow After- 14 years, but less than 20 ye s$1250 After-20 year-s,bu�less than 25 years$1500 After-5 years $two Seetten 7 Leave Time Seen^° '., V eation Leaw b. Full time and eligible paft time employees afe entided te the follow4ng vaeation time. Fir 5t year-emnleyees shall not r-eeeive a vaeation „+;1 the eemplefien of °year-e f emple�qRent,unless ether-wise appr-eved by the Mayor-and City Geeffeil. One (1) year-dffeagh five (5) yeafs (80 hetffs) Sim) ear-sthr-eugk ,m tear-s--(120heef37 >r t,! t, ti°., take 4„ f. y inm 1, :: Zirr f3y`ees-�`el�?c7 C��6i'li�C�czxvcir�=tzccc^scivzrnzu��uicti�rc°Z°rcY1�°7�°ufs Head. d. Vaeations-are iiefmally requested in (49)houf inerements. Eight "he &-ef .,tio leave..,, be taken i ,.1° .7..<,., , . , 4he approval . f the ll°«.,,-FmeRt Head.Depai:4nent Head. Any vaea4ien request submitted fer-the ea4endar-year-by Febmffy4e ...�va...a.avaa ay.....may j vv �a.aa�vaa aaa uaaibav uuy u r`r aa.aa �aav uYYiv v ua . willbe a 6y°`lbased on selii6r-ity afidsehedulingto prey'ode-essential sefb'iees. A%en taav v'uvutavaz ° ° ° leave; vv uu Leniiedd due te sehedialing problems, one employee's eai:fied ever-inte the ne*t year-, er-the effTleyee shall r-eeeive pay for-the ei+used vaeatien. The Depaftment Head sha4l make this deeision, date,appoifftment 1 Seetion 7.2 Holiday Leave - 113 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 u.raelida y p&y ,1 ,11 be«n;, to all full time a nleyee , b. Al? employees shall r-eeeive their-nefma4 rate-e f a3 wigi the day off. This is f a a 4 1 they 1, 11 any ad itiena but 1 t t 1,7 1, ---------- -- ----r-� "-----------• - -"--J ....-._---�-_"_Y"J, .,.... .,...J ...�•pay �alvy would ulo zauv c a vvvl v>vu had .. All .. v , uvu vevar a, auzr time nT e'p ees' 14elid >Pay will be eover-ed as etdine Yf thepekee eelleet;,>e b r— . n+ fieffiber-of hews worked. This fneans th4 an Empleyee sha4l feeeive his holiday , plus ,7etible time n fF 1,.,,,,-n , eAe,7 plus The f llewifig twelve !17\ 1..,.1;.7ays sh 11 be b .7• New Year-&4�ay ... a 11..a,..aa,..,,alab twelve,.1.�. �1�.� lavuuu, Maftin Luthe f King, jr—.'s B;Ah n,> Geed Friday Memerial Day ifienende a D Laber-Da Offistmas Day f Besides the twelve (12) helidays listed, A employees shed!r-eeeive two (2) fleatiffg helida3 , w-hie reannetbeaeetm+ulated if jiet taken. epaAiient Head's rat be eb tai e,7 before taking the Fleat n„holidays. Seetion 7.3 c'ek Leave Seetieff 7.3 Purpose,AHowanee, and Aeetimulatieff. Si k 1eiw. a with ,ia`.7 s abe,..efit a ;t; that a nle ee de fftr e a _ �1a Y/a4,'> J 1J1 4 4 KJ u benefit l r be.7 b. ��� o e n� in sueh instaneeS if pay is dSeeii�Hued, afid that its may Rat be in he best ifiter-est of ea1- -aim of the-erpleyeeor-fellewemployees to work while siek. Aft empleyee whe is unable to work by reason of n non ,7 y relate,? illness .disability eentai 7 V�' reason 1yzAGVCI illness, '�', e herein may take s;ek leave. Employees heed! aeepae-eight(8)siek lea`v=e heufs pef m vatli toe nl of 960 t,e„r, Seetion 7.3.2 Medieal Aler-ifieation. The City a. at its diseret en nle,>ee to s„1.mit., phys;eian's .-ifie .; ef;llne` ether- el, e e ; 7e,.ee iliffess, and suehvefifieatieff 11 will b-ce required for-illnesses r-equir-ing the tise ef fner-e diaff twenty feef(24)heufs of siek leave. - 114 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Seetien 7.3.3 Siek LeaveUfilizatia*.- Siek lea-ve m&y be utilized enly for-the pefpeses as stated in the first paragraph ef this seetien. Empleyees utilizing paid siek leave hoer-s shall be eempefisa4ed for-th aeef:aal or-def. Thas, when am employeeases a siek leave hotif, the last siek leame hoaf the City Geeeeil. Seetion 7.3.4 Unused Siek Leave. Gn May 15 ef eaeh year, an efapleyee whe has used less than the siek lewve he h aeeuff�ulated in the immediately preeeding fiseal year (may ! threugh April 39) will be asked if he wishes te sell baek the aeerued siek leave earned in that fiseal year at a rate eglaivaient-te fifty (50%F) pereent of his regular rate of pay as determined en April 39-h fe= ecceh slek heur seld taek. The number- o€ sie# leave empllayee'-s aee a.Tiiulated sick leave Empleyees electing to-sell baele their slel's leave will be paid ire them-13 ��- !P4RF er the-Seliee-Sensien Fund, whe leaves the-8ity s empleyment [threugh retie=emeeta-reduetiea-is-feree er veivatary 3F signatien]a=��s been ,,.y i , o�ccri emprv�ccc by the Gity fer fnere than ten (19) years shall be paid fer all unused slek leave at fifty 5O%) ef-his-regular-rate of pay fer all aeeuffpalated and reused siek leave up to 969 t...urs. All-Department-Heads shall keep an aeeurate aeeeant ef any empleyee absenees ineluding-their ewn. Arriving and repe;r'ting to were regularly and ea t ime is ene e.f the—empleyee's—prime -'espensibilities. Failure to be en the-}evti'-when s•ehedule reduees the-effieieney-ef the Eity—illness sheuld be-reperted to the-empleyee l s immediate .ser sne (I) heuE befere the start of the eRipleyee' s shift Failure te-seeure preper peEmissien fey' the use of persenal days and ler siege teurs er to repert illness ea time may result in full less of pay fer the heurs-in- elved fer nen e3Eempt-empleyees. Emempt-empleyees sheuld apprise their immediate if they will net be present during nermal bUsineSs. Seetien7.5 Duty Related illness erLeave• ln the-event-ef-a-werle-related aeeideat er death that eeeur-swhile en the e , empleyees are ellg4:194me-fer werker' s eempensatienas-previded by Eff@leyees ee-cared—by a eel.leet.i-*-e—bargaining agreement—sheuld eensult the rele-*ant agreement I fer-additienal-infermat-ien The Department Head may-eensider a light duty- pregral� fer=any empleyee-whe has a faeElieal release te return to lifnited duty. ' Time away fr-em the jeb "e to emer-getwies-A411 be granted at the diser-efien ef the Depaftment H The Depfftfnent Head shaN faake the deeisien whether-fien exempt employees shall r-eeeive paid er- unpaid fime eff-, er-sha4l be required te fftake up missed time. Exempt or-Siapef-visor-y empleyees s be pefmitted to take emer-geney lewe at the diser-etion of the Mayor-or-his/her-desigpee, and wher-e-fl+e - 115 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 need for-leave is a day E)r-fnefe, the City > at its disefetion, designate sue-h leave as unpaid leav-e time. Emer-geney tifae eff for-ber-eavement will efily be allowed in the ease of death of a*immedi family,,.embef, (,Y.at e.., f tl.e,., bfet er-, siste ,tmTd, spouse,zmothef iii law, fathef in law), r-M speeia4 ease 1 by DepaftmefA Head. These days are separate from flea6og holidays and si he afs. £eetie° 7.7 Aii lita...,Leave The City wiA provide for-lea�ves for-unifeff:fled or-militafy sefviee in aeeer-da-nee with the r-e"ifements of state a-ad fedffa4 laws. if an employee needs te take leave for-unifefmed or-militafy senAee, the sheuld submit a eapy of their-orders a4efig with their-r-equest for-lea-ve as seen as they beeeme aware o the need for-leave. Please eefttaet the City Adffiiiiistfater-for-fi+14her-details abeat the tmifefmed-eT- These provisions apply to all illineis employers, ineleding publie empleyer-s. Fuftheftner-e, employees aree entitle,l to tl.e F ll.,.r,ing be,.efits /,,,,.7e,.Tll;,.eis 1 e ) .,,l,e„ „„ bilized t„ .,,.t;.,,,,..:1;t,....,,7,.4_.1.._, entitled Lavv Lv b11V LV11V rr lllb VV11V111J `W1111VZ employee's GGOR4i insation(minus the amount ef the ssefyiee) €erthe-entife period of etiy :nilitafyseryiee; and WVVI•W L/Lg at the t;....e the a pleyee efAe«e,7 m lit .., a e• 0 Seetieft 7.8 Awy Duty Leave Emp.oyee. sha l:be b. ffte.leave with pay when lviuileu to be „b se ff t f.,, , e L for-jefy duty. l e.,ee f«; ,7 4 1, 11 1. fi.V..�-se��e�e�e�ai�l3 e ,�y�re�eeei��e� ��y��e z� given to the City beemase the a ple.,ee; e e g their-fell p while on jefy duty leave. Seetion 7.9 Unpaid Diser-etionar-y Leave Empleyees may el.taiff . leer-,°of absene .,1 f« an unpaid lea-ve fr-em the Mayof a-ad City Couneil. Sueh lea-ve shall be uepaid and shall net be used te gai Seetion 7.10.1 Gene Statement it is the peliey of the United City of Yor-kville (the "Gity) to pfevide up te two!-,,e (12) weeks of unpaid family afid mediea4 leave dRfiffg a 12 fneffth peried to eligible emple, -daaee with the Fafflil and Mediea4 r e e net of 1993 n " P 12 ffienth. i4d is ,7 et1• 1. 1 ,7 �lp,�.� eG2Ie Cn7'�C�['YrG�RT1ZS CICVPL[1T[ J e•"f. - 116 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Seetion 7.10.2 Eligibility in efdef to qualify to take fitmily a-ad mediea4 lea�ve under this peliey, an employee must have wor-ked fer-the eity fer-at least t"ve (12) fneffths afld at least 1,250 heufs diHiffg the twelve (12)mefAh period iaiaaiavurcacaray vv begin. See+:°.. 7.10,3 Reasons a. A leave may be requested fer afty of the felle g reasensild Cafe.Te eafe fer-� ehi}d bom to e eed fer adoption er€ester-e-are with an employee; (2) Family neu� To ear-e f ,. spouse, „1.;1,7 of pafent ("eover-ed fi,...;1.,,,.effi.,°,.n) with ., ser-ieus heal eenditie>l or-(3) levee Medie:AEeeause of:an employee's ° serious he lt'. e::,1 fit; „1.;,.1, renders t °employee .,1..1°to pef the fimetions e f their- t !"1.;1.1 r+.,,.°Leave 1st 1.° a plete,1 , ,;f1.;,�. the twelve (1 7),�, fit period 1,°,';,.,,;«,. vaaaau ° the date of bifth er-plaeement. hq additieff, spouses employed the rt'who r-equ Child Cafe Leave or-leave te eafe for-aff ill par-efft fflay en4y take eembined aggfeg- teta4 of twelve (12) weeks &H4fig any 12 menth pefied. b. Empleyees will not be gr-affted an FN4LA leave te gain emplerRent or-wer-k elsewhere ineledingself effTlerneftt. Empleyees who repr-eseetfa is ' a°Y t be graft a cco in v=acrcvv� �ecr FN4LA leave will be subjeet to immediate tefmifia-fieii. Seetion 7.10.4 Leave is UffpfAd a. .4LA leave is twipaid leave. if an employee r-egeests Child Cafe r Family Toed cri 1 ccrrc Leave, any aeefued paid vaeatieff afld personal tim e must first be siabstituted and esed fe enp rd FN4LArle&ve. if an expleyee r-egttests Effipleyee Medieal Le we, any °a paid vaeation,pefsena4 aed appliecl le siek leave (iff that efder-)must first be sebstituted andiased fer-any unpaid FMLA leave. The substi"on ef paid leave time fer-eRp avuvv ° of sheft teffn disability dees not extend the 12 week leave ° , Employee A fedie.,1 1 ° 411 a4se f ntl„with leave taken, eder-the C;itV, a..aaaravy vv ° ° disability leave peliey affil 'efceFS' eempeasatienlea` , if alEen Poor-ai Frrv4i-ZAi-q'u'a4ifyi rg that eenstitutes ef pr-egfesses into a seFieus hea4t-h eefiditieft, the City may designate a4l e seme peffien of sueh leave as i:mder-this pohey, to the ex4ent tha4 the paid leave fneets the Seetie° 740.5 Notiee of Leave If an empleyee's Reed fer-FMLA leave is fefeseeable, the employee ffmst give the City at least thirt the Reed for-lea-ve is net fer-eseeable, the empleyee is ffepeeted to nofif�the City as seen as , , be made in"tifig en the City's feffns (Appendix try, available in e Seetie° 7.,,0.6 Medieal Ger-tifleatien - 117 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 I "I A evider-must supply appfepr-iate fnedieal eeftifieafieff. The City will supply a4l employ seeend op3ntens differ-, a third med}Ga 6piiie"r xc cnii•d epinion will be provided by a health-cure appr-ovedjeintly by the-exiled,`ee-and the and will be binding. The Cityfnay a4se-.i r-eeeftifieafien per-iediea4ly d+Hifig a leave, and empleyees will be r-e"ifed te present a fitness fer- d-a eefti f.eate upon,-e4,,.-.-, 4e work&l l e:.,;,.- an ,..leye0,v,e,l;e.,l leave Seetion 740.7 Medien! and Other Benefits a. Dtifing an FMLA lea-ve, the City will maintaiff the empleyee's hea4th benefits en the same eonditiens as if the expleyee had-eetrtiiiued wer-king. if paid leave is :4stituted fer- dFN4LAleave,tke City will de"et the ems'per;eM f 41, 1, l4 cxvrrvrmczxc£rr plan exii�t s regular-peyfell dedec4ien. if the FN4LA leave is tllpaid, the emplepeerust e;�angements with the City to hWher-peftion e€the premium. &eup hea4th eafe --•e--ae will ee-sa if the a -r-e Jee's ir-a m=»„ payment is. ..e than 4. .i-Ey(30) days late,1.,,4 the a „1., ee will be..eti f e.a 4 least fif+ee.. (IS) . ays bef e e e lap e Additionally,ll„ i f the e «le„ee fails 4e..e4,,,,... f.e,,, leave the City will 4 1u.1.�.�.lu1.y, 11 «��.,�� � e e e beyend the employee's Employees-afenot extit4ed te-ether-benefits er- 1. Any ehafi.es;,. benefit plan,, ,...1 eests,° ply to ;,,,.1;,,;,1"s e,,, F TT A v. Any leave the same as if they w e eti„el„a ple„e,l aeeer-ding 4e the terms oft the a 1' 1.1 phi-", a. Employees .`.he fetu 1 t , er-k f':111 FN41 A ..,dull..,1 oft the 1.,,.,,,.e day fell 11 4M � 1 11 1 1,11-1 i l�ll L11V VKU111V� e"ir-atien e f the 4,. el, a (1 7) weeks a e„ti41e.1 to r-ettim 4e his ..he same positieff or-4 a- equiy al_«4„e:1tiio i with equ 11 be1ef-4:,pay e1 ed e«4e,, s and eendi eft � ("key”) °.iuYl,.,j'.°i°.., it vlll this 1v:1'•.i11°v111°v11t and net 1Vtuiu tuvi11 to the , b. if yett take aft Employee N4ediea4 LeEpve, yea will be r-equifed te provide ffiedieal eertifieatieft th4 yea are&to resume wefk. Effi-ple'yeesfailiftg te royide-the Rc am to We,.1.T fed e,l ref fi f e.,tie.. l;e. .., will not be p F ffi 44e.1 to resume e,.L, ,ltil it is pfevided. ,.tent 4e,.e4,,,.., to , Od-r - 118 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Seet+e° 740.10 T„ter-mittent and Redxee FN41=A leave beeause ef a serious health eenditien may be taken ifAfffflittea4ly(in sepafate:bleeks e au*i-ber-ef heufs an employee wer-ks per-wefk week or-wer-kday) if fnedieally fieeessar-y. if F-N41=A leave is u"aid, the City will r-edeee the 7 addition, leave, the eity may employee aVVwa1~1 g ie U♦V and „11 Vt has VqNl Yn1e„L pay „a benefits. Section MOM O 11 Del; dm st ti /�1 V.S Z �(�Cjp=( This polie-y is intended te eemply vvM and will be adffiinister-ed ift aeeer-daffee with the Family a*a Medieal bea.-Aet of 1993 afid any applieable r-egulatiens, definitions and law there under-, as well-as any state fatnily er-fnedieal lea-ve laws ganting additional rights tliat afe applieable te empleyees Seetfen 7 042 Interrelation of Leaves Any lea-ve taken pufstiant te this poliey, ethef C;4�,pelieies, a eelleetive bar-gaining agreement, of law whieh qua4ifies as le&ve Under-the FN4LA or-a*y applieable state family er-fnedieal leave 9 will eounted against the empleyee's available leave under-the applieable Gib, 7 ) andier-law, as well as the aNailable lea-ve under-the FMLA er- applieable state law, to the e*tent ..,,;440.1 by s el, n pl;enl,le law. Seet}er 7.1 Benefits While on Leow a Time spent a e,.te.,,le,l , ni,l le..,,e., e f abse,.,ee.,, et be t ,1 dit 1,1 w. Time vl"..vu..1,11 v.11 w11uvaa imp aid 1vu v vu vl uvuvuw of abse„ee f e e.l ; ef41,;,.4„(30) eels«.ln«days ..,,.1 wishes t eentinue 4 1. vl uv.� e e eever-ed by J-Sheiilth 6r-life insufanee;he-6r she will v«csp ^;1,1e f«payme e f the tetnl ,,, „tl,l„; „le etl.e,.wise i,le,l 1.y ..a .aa„ ..,.w1 111,11.,111) 111�...1�.11:.�,pr°"' ni-vcncr-vvrac�iv=ciacQ-viz-ccvo. 1, it is the pekey e f the City NOT to request the City re,,,,eil to ef t lMRF Pension r dit ,;.1 dise«et enafy leave of.,bse.,°e e Upon rea,, the City will„l.,ee the a pleyee his or- e,-pr-ey t 'f ... Upon a...wawa) 11.. ..1..E ..111 Y1uvv �11v viuYlvy vv 111111) or- J skill employee's seniority,wher-e and� ability ten r-di g t 4l. vaeant, r y Y �b e nt n e b � le GT1f7 11SfC32e wer4 wiCiIeC Cl-C[R<<TSCIVIICCI J J there is He wefk wvail fer-the employee er-if the employee eeeld ha-ve been laid eff aeeer-diiig te his seffiefity ey-eeptfer-his leave, . d.Empleyees will maintaiff their-effTle�qneftt status and pr-evieesly aeenaed benefits while ell sppfe,,,eda}dleave ~ +pt t hef ether-wise 1eteu, employees will Vv utui 11Tt-t p-GG p1 T� benefits Kwl lng the time they are en appreved weia leave fte, City. e e. - 119 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 e.Ualess ether-wise stated or-other-wise fequir-ed by law, length of sefviee shall net aeente fer-afi employeewke is en an appr-eved fien paid ewe status. Aeettmulated length shall femain in l ee duffing that leave and sha4l begin to ° ° 1 the fi em leave ,;11 1,. ye his se ,.ity. „ti,,,,°,1 after-the period fth 1 Seetion 8 Employee Benefits as.,iai iv4...will iau...u1J JVlaavaaL� Vvuuaauvu 4l All °mpley ees will be„vauia°u to aetif,the employer-„f any ehanges iff addfess ef �l Seetion 8.1 Health and Life hasur-onee Cover-age All full time ..n eligible, aft ti.,,° ° ,.leye°s ., °,1 under-the Chit., heal 4. a 111 null L1111V ullu Vll�,l V1L ° ° 1;.11. There m ,,.,;ti« °...,.,7 be f ° ° employees eligible F eever-age. After-eempletieo ef the waitiffg period, inswaffee sha4l begin en the first day ..yi u.`y v u waiting Yva °1;,.;1..1° as detefmined by he heaeepeiiey-dwft iff a eet. The City e&te, 1...) the 1.:V1u1L.ui Luva V4l..Va avi employees 4uu dependents, exeept paft; .,t; r by the empleyee «a the City reserves the right to t, b t menthly paftieipation fee. The City will make every eff-eA to pfevide employees with a ninety b The City 1, 11 ,l 1'F full time ,7 1;..;1.1°. aft ti,.,-.° employees, the v. iaaV � ..� J1au�11 l.av.luV i11V 111!4141LVV 1V1 lullZ ame �cn nnn a uses ill be L °a a Qc nnn .,,.a dependents t$2,000. y..+..,,,,,., vYv as ., iJ Ulvu 4L W✓7v , V. v4uu.lu.y plan desei«PtiLlons (CPI's), „1 ;,7 ° ,1 ,;n ° .F. ,, . 1 ,, 4 an 11:F inswanee benefits in greater-detail are a"lable from the eeeimnfifig CTer-lrTreae4�aa1 plan de ents r-hie1, ., ° .,;1.,1.1°by ak rite., est to the Aeeoii�ing l,a..ii..VVUiiaVilLJ, �.111V11 41V uYauluV1V V�' 111 ° ('!eFk e the Tina .,u4he,.;4„;., all t4ef-s«°Luting to the benefits a b ,1 dii vivaii, are L11V llllul 44L1LV114,' 111 411 ManuaManual e-;.. the � ..1.,,. deseriptie .,,.,,1 will g ° the event f �l' � l va aaa ,-aaV JKiiiiiiu.i J'1!1411 uVJV 11,L1V11 ullu Yr 111 . A�7a;ti,,,,aRy the!tit„reserves the fight to „1. ae ,; „1., t, 1�1 mainteeaffee a iM,..a�l Vaiuii�, 1aV V14�' 1 VJVl r VJ LLLV L1�11L L ° ° �, 7 7 and/or-c-ha-nge ef eliminate any benefits at any 7 • Seetion 8.2 Pension Par-deipation Seetion 8.2.1 Eligibility 1,000 Reti,.°,.- ent L`,,n !T A T D >;\pension to ,r-hiel. the City a-ad effi.rloyees x1,.,11 eeffftibut-L-. Seetten8.2.2 "4flitary Ser-,.4ee Credit (Appesaai*-L) All employees whe were in aetive paftieipatiffg status uffder-!MRF en the date ef hafle 7 2001 shaujae allowed se i.iv° vi°.;u to °ir leve e J r he served a« the u li°, fer-ees of the United Scat for- to twe `Lri yVUlU VL JVl r1VV, p11V1 LV 111V11 1J4111e Seetion8.3 Vision Dental Assistanee - 120 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Employees afid dependents sha4l r-eeeive the following vision and denta4 assistanee in total. The- amounts listed below faay be iner-eased fr-ena time to timeby r-esebation. Please eheek aaffent feee Employee........ $300 e year- Dependents .......$250 aef„eff aef a eR 4 her- dependents, ifidWiduals ef his family. a. Bills n+ust be paid by empleyee, and the empleyee will be r-eimber-sed. Reimbwsefne requests must be sti-bmit4ed 4e the Department Head f r e ,n4 years te allow em teuse the benefits iLe4y. (Appendix M) Themcmimur r aai4un n a4 employee ,keep . .„late in $3000 uvua u i e City's eonlinue under-the wee elee4s te-Fentintte ee ver-agge,he-er-she will be r-esp end of the f,,, „rear peetien 8.5 Uniform .n,.. anee The City sha4l pr-evide uflifefms fef A fiAl time and e4igible paft time employees,fequir-ed to w unifef j e shall be defined in Depa ft,....enta Peliey and n rev ea by the City r i Seetion 8.6 Edueation and Training a.The City shall pay all . kiding wages at n n ffly M-ti ved paft time-expleyeesea e'er wed" tr-atfftffgeeuf be submitted e-Tent Head e the Mayer-and City Cetneil fer-appr-e:va4. Then A e e related 4e the program J hal u be eligible f v a p e+4 subjee4 4e budget exel-usiye right to r-eeta.4' 4. kitthefmefe,the employee ..h a l provide .. ,.f,,a e tit tethe D ep ent eaten the-eewpletien e each ee„--se Any ehage requested by the o p eyee 4e the n e.a a must be.+,.�.�w.•44 a 4 4ti. .:aauaabV aVa1uVJLVU by Lily - 121 TRACK CHANGES COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Tl•.e City, all expenses o f an-eleeti=e-ee�i elee�=e eeufsei-en����may li 111 benefit the City by added keewledge,obtA is not dir-eetly related te-City-ope>ut}ens. d.T-he tuition and fees enly(no beeks er-materia4s) of an eleetive or-required eeufse will be paid t4ough dir-eet billing f+em the appropriate seheel. The employee will sign the payf deduet;°n f....•, t° the ° ell,. e t . f then stipulating to 4l, fellewing wvv.uv�.avaa 1vi111 prior- �V �11V V 11 V11111V ° effhefeUr.se the will e-e-ensider-ed-eemplete a*d paid er-by City. if less tha* C a ° ° attained, the employee will be required to pay b k 1 001 f 41 tuition .7 "� u, LV VllllJl 4 the r•t d 1 ll a s t "t;„„lat°a , ,it1,;„ the pa�Toll a s t• avVV �v �.Llv v �.J' �LL1VFLb11 .t 1JUJ1 Vll uV sip dir-eet payment e. All T °Y nt. °„t Heads will a: .LVt°the Off Premises T,nining u,,,., W 1 a Agr-eeme 4 F is !n,..,.endi . N) fer- 11 employees 1, attend 4.•n;«;«..outside the C ' b � rr / b �al� ��llcugv Metifepelitan the Git., °ff fts willobe-made te�e �e Rye-affang��nley ees tak4ag e� shift vluvs°v that a l°Lv° 411°u Vhull Ve p Ulu at their-regular rate of pay, ilieladilig mileage. g A% ° e deeffied it the best inter.°,.t e fthe City by the Depa..t...,....t Head ,._a f° "rrY°rte at° ! it„ro, ne l r. . , ;ttee, my C , ;ttee a nl is needed to send an empleyee to the seminar-and pay a fed. However-, if the seminar- Head 1AUt nl by the Mayer-eAid the appropriate C t y r., _ .:, r.WW.t4_. h Edueat n, stipends ill 1 °paid fv i ed uv.t; their- eln4°a field ever-414 required l - ieye e f that p "i4;..« as follows f« all fall time „ 1.a, ,a;,,;.. � ° 1 J r'° b b �Y J 0 Beeheler-'s Degree 2-0746 Master-'s Degree 20% stipend This applieable J ♦ i degree beyond nYJ J positi exeept that all are eligible te eam up te the Baehelef Degree level as eiadined above (ene time annua4 seetion 8.7 Tipavel Expenses Meals and Lodging. Efflpleyee's lodgifig cffid meal expenses shall be eever-ed as a ma*imum r-eimbur-sement per-them while 4eveling on Gity Business. A Depar4nefft Head will stibfflit a per- r-e"est pfier-to the even4 with his/her-signatufe te the Aeeeuft4ieg Gler-k for-bill list issuanee ef a eheek Elf the ° °arts .1.° �.,,b ffl 44°a after-the ° e t f ei,..l.ufse..•e t of the aeteal n v.t s ..4 up to .. �r "J f$40 pef an f,. eala D°,-Die ,;11 net be is °n1 eludea i the ,.F 111GL/CII11T[IS�� 1 u{.LJ'�1V1 1 1V{41J. Per- - 122 TRACK CHANGES COPY-d DRAFT EMPLOYEE MANUAL 09-06-11 $1A.0&fer-breakfast, $10.00 for-lianeh, and $20.00 for-difiner, Lodging will b ems" standafd/Govefmnent/eeiifer-enee rate not to exeeed $150.00 per-night and prior-approval fr-em Depai4meat Head fnest be obtained fer-any a-ad A iner-eases to this amount for-!edging. The Mea4s-, Mileage and Ledging fenn ffittst be submit4ed,but if the amounts afe greater-thcm the above, r-eeeipts must uvavaiaYuia` Seetion 8.8 inter-nal Revenue 457 Deferred Compensation Plan (Appendix 0) The City ef-fer-s fef all full time empleyees to paftieipa4e in an Intemal Revenue Cede 457 Defeffe the ., .,te ,]eetH ents to a ell in the plan. Seetion 8.9 Employee Credit Union 6kppendix P) Union. The City will assist in any neeessafy or-required deduetions and pa�aRents te the A-ur-er--a - 123 TRACK CHANGES COPY-DRAFT EMPLOYEE MANUAL 09-06-11 APPENDICES C n.B ear-de eafidPeliee C-emmis e>- Ordinaiiee#200140 12.,ekg f,,efi Cheek Wa-y;e,...n Release of All Claims 1;,....... G. D.Equa4 Bmple3�efA Pohey Reselution# 1993 18 1~ 1~'m pleyee n ssista ee Prog.-.,,.. D esel„t:e., #1996 10 free Wof4lae°P Reselution# 1993-47 G.State Gift Ban retOr-diffaffee#199912 u c..f t..Del;e„Uesel„t;ei #1 997 08 1Alehiele Peliey Approved 12/8/00 Mail,AE Veiee mail, 6111ineis Meaieipa4 Retir-ement Fund Sen4ee Gfedit for-Militafy Sef-,4ee Resolution#2001 31 N4.Aeef-aa4 ef DefAA aftd Vision ene€its ReseltAien#22001 23 O.Ifftemal Revenee Code 457 Defeffed Compensation Plan fer-Empleyees Reseltifieff#1994 16 P.Gr-editUnioff D esel„t;ef #1 996 0 - - 1 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 TABLE OF CONTENTS Section 1 Introduction 1.1 Purpose and Mission Statement of Personnel Policy Manual 1.2 Application and Scope 1.3 Gender and Singular Plural Clause 1.4 Collective Bargaining 1.5 Amendments 1.6 History of City 1.7 City Vision Statement 1.8 Definitions, Roles, and Responsibilities 1.8.1 City Council 1.8.2 Mayor 1.8.3 Board of Fire and Police Commissioners 1.8.4 Types of Employees 1.8.4.1 Department Heads 1.8.4.2 Supervisory 1.8.4.3 Non-Exempt Full-Time 1.8.4.4 Part-Time 1.8.4.5 Volunteers (Unpaid Workers) Section 2 Personal Conduct 2.1 Standards of Conduct 2.1.1 Ethics Ordinance 2.1.2 Gift Ban 2.1.3 Fraud Prevention 2.1.3.1 Reporting and Investigation Procedures 2.1.3.2 Termination 2.2 Compliance with Rules and Regulations 2.2.1 Minor Infraction Guidelines 2.2.2 Major Infraction Guidelines 2.3 Anti-Harassment Policy 2.4 Threats Violence and Weapons 2.4.1 Workplace Violence Policy 2.4.2 Prohibited Conduct 2.4.3 Reporting Procedures 2.4.4 Investigation and Responsive Action 2.4.5 No Retaliation 2.5 Conflict of Interest 2.5.1 Permitted Reasonable Exceptions 2.5.2 Use of City Property 2.5.3 Political Activities 2.6 Solicitation and Distribution i CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.7 Drug Free Workplace Policy 2.7.1 Substance Use(Non-DOT Employees) 2.7.1.1 Statement of Policy 2.7.1.2 Drug and Alcohol Testing Programs 2.7.1.2.1 Post-Offer Testing 2.7.1.2.2 Reasonable Cause Testing 2.7.1.2.3 Post-Accident Testing 2.7.1.2.4 Random Testing 2.7.1.2.5 Return to Duty Testing 2.7.1.3 Testing Methodology 2.7.1.4 Disciplinary Provisions 2.7.1.5 Notification to Employer of Conviction 2.7.2 Substance Use (DOT Employees) 2.7.2.1 Applicability 2.7.2.2 Prohibited Conduct 2.7.2.2.1 Alcohol 2.7.2.2.2 Drugs 2.7.2.3 Drug and Alcohol Testing Programs 2.7.2.3.1 Pre-Employment Testing 2.7.2.3.2 Reasonable Suspicion Testing 2.7.2.3.3 Post-Accident Testing 2.7.2.3.4 Random Testing 2.7.2.3.5 Return to Duty Testing 2.7.2.4 Testing Methodology 2.7.2.5 Disciplinary Provisions 2.7.2.6 Notification to Employer of Conviction 2.7.3 Substance Use (Employees in Bargaining Units) 2.8 Smoking and Tobacco 2.9 Uniforms and Dress Code 2.9.1 Uniforms 2.9.2 Dress Code 2.9.2.1 Office Attire 2.9.2.2 Field Attire 2.9.2.3 Casual Friday 2.9.2.4 Compliance 2.9.2.5 Enforcement 2.10 Information Systems Use Policy 2.10.1 General Policies 2.10.1.1 Ownership 2.10.1.2 Privacy 2.10.1.3 Monitoring 2.10.1.4 Purchasing 2.10.1.5 Resource Consumption ii CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.10.2 Computer Usage Policy 2.10.2.1 Business Use 2.10.2.2 Network Security 2.10.2.3 Laptop Usage 2.10.2.4 Malicious Software Protection 2.10.2.5 Hardware 2.10.2.6 File Security 2.10.3 Software Application Usage Policy 2.10.3.1 Installation and Removal 2.10.3.2 Licensing 2.10.3.3 Database Applications 2.10.4 Email Usage Policy 2.10.4.1 Ownership 2.10.4.2 Professional Communication 2.10.5 Internet Use Policy 2.10.5.1 Personal Use Policy 2.10.5.2 Restricted Materials 2.10.5.3 Professional Communication 2.10.5.4 Responsibility for Content 2.10.6 Retention of Public Records 2.10.6.1 E-mail Retention 2.10.6.2 Electronic Document Retention 2.11 Emergency Contact Information 2.12 Outside Employment 2.12.1 Restrictions 2.12.2 Approval for Outside Employment 2.12.3 Considerations for Disapproval 2.13 City Identification Cards 2.14 Tardiness and Absenteeism 2.14.1 Habitual Tardiness/Lateness 2.14.2 Failure to Report to Work 2.14.3 Excusable Absences 2.15 Disciplinary Action 2.15.1 Cause for Disciplinary Action 2.15.2 Investigation 2.15.3 Pre-Disciplinary Conference 2.15.3.1 Proceedings of the Pre-Disciplinary Conference 2.15.4 Types of Disciplinary Action 2.15.4.1 Oral Warning 2.15.4.2 Written Reprimand 2.15.4.3 Suspension Without Pay 2.15.4.4 Emergency Suspension With Pay 2.15.4.5 Suspension with Pay iii CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.15.4.6 Termination 2.15.5 Probationary Employees—Termination 2.15.6 Filing Disciplinary Actions in Personnel File 2.16 Grievances 2.16.1 Procedure for Filing a Grievance 2.17 Safety and Health 2.17.1 Supervisor Responsibilities 2.17.2 Employee Responsibilities 2.17.3 Personal Protective Equipment 2.17.3.1 Hard Hats 2.17.3.2 Safety Shoes 2.17.3.3 Safety Harness 2.17.3.4 Safety Vest 2.17.3.5 Safety Glasses 2.17.3.6 Non-compliance with Safety Requirements 2.17.4 Worker's Compensation 2.17.4.1 Employee Injury/Accident Reporting Requirements 2.17.4.2 Supervisor Reporting Requirements 2.17.4.3 Human Resources Reporting Requirements 2.17.5 Work Related Injury Compliance 2.17.5.1 Appointments and Follow Up 2.17.5.2 Transitional Duty 2.17.5.3 Case Management 2.17.5.4 Paycheck and Benefits 2.17.5.5 Accrual of Time 2.17.5.6 Medical Bills 2.17.5.7 Released to Work 2.17.6 Transitional Duty 2.17.6.1 Physician Certification 2.17.6.2 Transitional Duty Time Limitations/Restrictions 2.17.7 Accommodation Hearing 2.17.8 Use of City-Owned Motor Vehicles 2.17.8.1 Vehicle Guidelines 2.17.8.2 Take Home Vehicles 2.17.8.3 Regulations Relating to Vehicle Use 2.17.8.4 Reimbursement for Personally-Owned Vehicle Use 2.17.9 Collision Investigation Involving City Employees 2.17.9.1 Vehicle Accident Reporting Requirements—Employee 2.17.9.2 Vehicle Accident Reporting Requirements—Supervisor 2.17.9.3 Investigation Procedure 2.17.9.4 Employee Statements 2.17.10 Emergency Conditions 2.17.10.1 Closing City Offices iv CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.18 Workplace Inspections 2.18.1 Administrative Inspections 2.18.2 Criminal Inspections/Searches 2.19 Nepotism 2.19.1 Prohibition on employing the Spouse-Relatives of Department Heads/Elected Officials/Paid Appointed Officers (Anti-Nepotism) 2.19.2 Spouse/Relatives of Department Heads/Elected Officials 2.19.3 Relatives of all employees 2.20 Dissemination of Information Policy 2.21 Use of Telephones 2.21.1 Personal Use of Telephones 2.21.2 Cell Phone Policy 2.21.2.1 Procedure 2.21.2.2 Allotted minutes 2.21.2.3 Eligibility Criteria 2.21.2.4 Employee Responsibilities 2.21.2.5 Department Head Responsibilities 2.21.2.6 Repairs and Replacements of Equipment 2.21.2.7 Termination Section 3 Direct Compensation 3.1 Regular Hours of Work 3.1.1 Workday hours and lunch breaks 3.1.2 Work Schedule 3.2 Shift Changes 3.3 Payroll Administration 3.4 Callback Pay 3.5 Overtime Scheduling 3.6 Overtime Pay 3.8 Compensation Time 3.9 Flex Time 3.10 Longevity Pay 3.11 Performance Evaluations and Pay Adjustments 3.11.1 Employee Performance Evaluations 3.11.2 Pay Adjustments Section 4 Employment Benefits 4.1 Vacation Leave 4.2 Holiday Leave 4.3 Sick Leave 4.3.1 Purpose, Allowance, and Accumulation 4.3.2 Medical Verification v CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 4.3.3 Sick Leave Utilization 4.3.4 Unused Sick Leave 4.3.5 Sick Leave Donation Policy 4.4 Reporting of Absences 4.5 Duty-related Illness of Leave 4.6 Emergency and Bereavement Leave 4.7 Uniformed Services Employment and Reemployment Rights Act 4.8 Illinois Family Military Leave Act 4.9 Jury Duty Leave 4.10 Time Off for Voting 4.11 Unpaid Discretionary Leave 4.12 Employee Benefits Information 4.13 Health and Life Insurance Coverage 4.14 Pension Participation 4.14.1 Eligibility 4.14.2 Military Service Credit 4.15 Continuation of Medical Coverage 4.16 Education 4.17 Training and Certificates 4.18 Lodging and meal Expenses 4.18.1 Family lodging and accompaniment 4.19 Internal Revenue 457 Deferred Compensation Plan 4.20 Additional Voluntary Benefits 4.21 Victim's Economic Security and Safety Leave 4.21.1 Coverage and Eligibility 4.21.2 Notification and Verification 4.21.3 Time Allowed 4.21.4 Substitution of Paid Leave 4.21.5 Job Protection 4.22 Blood and Organ Donation Leave 4.22.1 Blood Donation 4.22.2 Organ Donation 4.23 School Conference and Activity Leave 4.23.1 Eligibility Requirement 4.23.2 Notice Provisions 4.24 Disability Leave 4.24.1 Disability—Non Work-Related 4.24.1.1 Less than One (1) Year's Employment 4.24.1.2 More than One (1) Year's Employment 4.24.2 Disability—Work Related 4.24.2.1 Less than One (1) Year's Employment 4.24.2.2 More than One (1) Year's Employment 4.25 Family and Medical Leave vi CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 4.25.1 General Statement 4.25.2 Eligibility 4.25.3 Reasons for Leave 4.25.4 Leave is Unpaid 4.25.5 Notice of Leave 4.25.6 Medical Certification 4.25.7 Medical and Other Benefits 4.25.8 Returning from Leave 4.25.9 Reporting While on Leave 4.25.10 Intermittent and Reduced Schedule Leave 4.25.11 Policy Administration 4.25.12 Interrelation of Leaves 4.25.13 FMLA Forms 4.26 Benefits While on Leave Section 5 Separation 5.1 Termination 5.2 Employee Termination and Exit Process 5.2.1 Service Retirement 5.2.2 Disability Resignation 5.2.3 Employee-Initiated Resignation 5.2.4 Probationary Termination 5.2.5 Layoff 5.2.6 Exit Interview 5.2.7 Final Paycheck 5.2.8 Termination Date 5.2.9 Continuation of Benefits 5.2.9.1 Continuation of Benefits for Retirees 5.2.10 Pension Contribution Refunds 5.2.11 Unemployment Compensation 5.3 Use of Paid Time 5.4 Vacation Pay-Out at Termination 5.5 Sick Pay-Out at Termination 5.6 Medical/Dental Continuation Plan (COBRA) 5.6.1 Eligibility Requirements 5.6.2 End of COBRA Coverage 5.7 Re-Employment 5.8 References Section 6 Personnel Practices 6.1 Equal Employment 6.2 Recruitment 6.3 Hiring policy for all other employees vii CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 6.3.1 Applicability to other policies,regulations, and agreements 6.3.2 Approval to Recruit Personnel 6.3.3 Job Posting Process 6.3.4 Selection Process 6.3.5 Job Offer 6.4 Job Description Creation 6.4.1 New Positions 6.4.2 Existing Positions 6.5 Personnel Records 6.5.1 Maintenance of Records 6.5.2 Confidentiality 6.5.2.1 Employee Review of Records 6.5.3 Standardized Forms 6.5.4 Notification Process for Employment Status Changes 6.6 Probationary Period viii CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 in a systematic application that will result 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. In the State of Illinois, it is presumed by case law that all employees are "at will". Except for employees under the jurisdiction of Fire and Police Commission rules and those governed by an approved collective bargaining agreement or other approved employment agreement, employment with the United City of Yorkville is "at will". This means that both the employee and the City have the right to terminate the employment relationship at any time, for any reason not prohibited by law, or no reason, with or without notice. The at-will employment relationship cannot be modified, except by ordinance or by a duly authorized and executed collective bargaining or other written employment agreement. This Manual, and the policies it contains, is not intended to form a contract of employment either expressed or implied. As such, the United City of Yorkville Personnel Policy Manual may be varied from, amended, supplemented, or discontinued at any time, with or without notice. Furthermore, no policy, - - 1 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 benefit, or procedure set forth in this Manual implies, or may be construed to imply, that it or any portion thereof is an employment contract. No property or tenure rights in employment shall be created, or deemed to be created, by this Manual. The text of this Manual is intended only to describe the policies and procedures of the City,relative to human resources management. 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 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 - - 2 - - CLEAN COPY–DRAFT EMPLOYEE MANUAL 09-06-11 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 Yorkville celebrated the 50th 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 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 - - 3 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 4 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 Department Heads 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. 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 late report times, 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 - - 5 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 (unpaid workers) Definition—An uncompensated person who voluntarily performs work for the City. Roles and responsibilities—As defined by the job description of the position, or as directed by the Department Head during a City special event. CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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. CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 fiance or fiancee. 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 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: - - 8 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 9 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 intentional, false representation or concealment of a material fact for the purpose of inducing another to acto 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 • Profiteering as a result of insider knowledge of company activities • 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 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. - - 10 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 review 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. A full-time and/or regular part-time (seasonal, weekend, etc.), paid-on-call employees, or any other type employee may be disciplined or terminated for just cause. Introductory employees, seasonal and summer employees are subject to termination at the sole discretion of the City. Probable cause shall include, but not be 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: 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. Failure to report a workplace injury or accident within twenty-four (24) hours of occurrence. 6. Lack of courtesy to an individual, either on the phone, on the computer or in person. Section 2.2.2 Major Infraction Guidelines - - 11 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. Three (3) wage garnishment submittals (requests) made to the City involving more than one (1) indebtedness within a twelve (12) month period. 12. Careless or unsafe use of City property, which results in injury to a person or damage to, said property. 13. Harassment of any kind. 14. Absence from work for one (1) day without permission, without proper notification, or without adequate explanation. 15. Gambling of any type on municipal property. 16. Revealing or divulging confidential information to parties not involved. 17. Issues of workplace violence Section 2.3 Anti-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 - - 12 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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: 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 - - 13 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 14 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 fmancial 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 - - 15 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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, 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) - - 16 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 polio 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 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 incorporates drug and/or alcohol testing, as necessary. All employees are advised that remaining drug-free and medically qualified to perform assigned duties safely are conditions of continued employment with the City. The United City of Yorkville will conduct 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, following on-the-job accidents or injuries and, if required by law or customer contract, on a random basis. 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 - - 17 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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. An employee must promptly report to their immediate supervisor the use of any medication which has or may have any adverse effect on their work performance. All prescription and non-prescription drugs must be kept in their original packaging or container. An employee who fails to do so is subject 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 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 all its employees (both hourly and salaried). A. Pre-Employment Testing; B. Reasonable Cause Testing; C. Post Accident Testing; D. Random 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 Testinp, - - 18 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 began 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 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 intentionally 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; - - 19 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. 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 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. - - 20 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2.7.1.2.4 Random Testing The United City of Yorkville may also conduct random testing for all covered Employees as follows: 1. A City-wide selection process which removes discretion in selection from any supervisory personnel will be adopted by the City; and 2. Random testing, once begun, will provide for testing of at least 10% of all Employees during the first twelve (12) months of random testing after this program becomes effective. The annualized rate for random testing following the first twelve (12) months after implementation will be no less than 20% of covered Employees. If a notice of a positive test result is received from the Medical Review Officer following a random 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. 2.7.1.2.5 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 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 - - 21 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 - - 22 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 to 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. 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. - - 23 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 company 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 - - 24 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 company may, in its sole discretion, forego pre-duty testing where the exceptions promulgated at DOT 49 CFR 5.382.301 (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. 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 company. 2.7.2.3.3 Post-Accident Testing - - 25 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 - - 26 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 company. 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 - - 27 - - CLEAN COPY–DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 - - 28 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 29 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 to 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. 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 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 2.9.2 Dress Code - - 30 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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, short shorts, 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, short shorts and clothing with potentially offensive words. 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, short shorts, 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 - - 31 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 - - 32 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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.) - - 33 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. - - 34 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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, - - 35 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 36 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 37 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 - - 38 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 39 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 - - 40 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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 - - 41 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. - - 42 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. During the operation of all equipment, including backhoe, loader and mower, street sweeper and ladder truck. When a ladder is being used,the ground person must wear a hard hat. - - 43 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2. When working below ground level, such as in lift stations, ditches, etc. 3. When conditions warrant and/or when ordered to do so by a supervisor. 4. When working in a traveled right-of-way. 5. 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 safety vest shall be worn when an employee is in a flagging position and/or when working in a traveled right-of-way. 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. 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 - - 44 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 needed. The longer an injury goes untreated, the greater the chance the injury will get worse. 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 F) within twenty-four (24) hours of the accident and forward it to the supervisor. 6. Update Human Resources personally after 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 not give 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 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 - -45 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 he/she is not sure the employee is hurt. The longer an injury goes untreated, the greater the chance the injury will get worse. 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 G) 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. 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 - - 46 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. - -47 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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, reasonable accommodations may be granted in whole, partially or not at all. Human Resources will inform the employee in writing of the City's decision. Setion 2.17.8 Use of City-Owned Motor Vehicles - - 48 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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. - - 49 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. - - 50 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 H) 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 H) that the driver completes. Complete the "Supervisor's Vehicle Accident Investigation Report" (Appendix I 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. 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. - - 51 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 2. If an employee is unable to report to work, the absence may be charged as vacation or personal leave. 3. Such leave cannot be used to offset absence from work for pay purposes for other than sickness. 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. 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 submit to a search or 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 - - 52 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Recreation, Director of Finance, City Engineer, Director of Public Works, Building and Zoning Officer, 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 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 - - 53 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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: 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. 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. 2. 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 maybe 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. - - 54 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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): a. 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; b. 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; c. 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; d. 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. 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 - - 55 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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's and shall remain under the City's ownership. - - 56 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 SECTION 3 DIRECT COMPENSATION Section 3.1 Regular Hours of Work Section 3.1.1 Workday 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 1/s 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 Human Resources 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. 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 stipends. - - 57 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 that time worked which is more than a 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 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. - - 58 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 can not 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 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 After 9 years,but less than 14 years $1000 After 14 years,but less than 20 years $1250 After 20 years,but less than 25 years $1500 After 25 years $2000 Section 3.11 Performance Evaluations and Pay Adjustments Section 3.11.1 Employee Performance Evaluations At a minimum, yearly performance reviews shall be made of the employee's work performance 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. - - 59 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 Wages for all City employees shall be reviewed by April 1St 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. CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 SECTION 4 EMPLOYMENT BENEFITS Section 4.1 Vacation Leave a. Employment anniversary dates shall govern the number of vacation days allowed. b. Full-time and eligible part-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 and eligible part-time employees Six (6) months through less than one (1) year—40 hours One (1) year—40 hours Two (2) years through five (5) years - 80 hours per year Six (6) years through ten (10) years - 120 hours per year Eleven (11) years or more- 160 hours per year Exempt employees Six (6) months through less than one (1) year—40 hours One (1) year—80 hours Two (2) years through five (5) years - 120 hours per year Six (6) years through ten (10) years - 160 hours per year Eleven (11) years or more- 200 hours per year c. 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. d. 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 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. e. Upon the employee's anniversary date, a maximum of forty (40) hours of unused vacation time may be carried over into the next year. f. 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 - - 61 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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; Martin Luther King, Jr.'s Birthday; President's Day; Good Friday; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving Day; Christmas Eve 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). 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. 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 - - 62 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 occurring more then 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 rate of pay as determined on April 15th 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 leave. Employees electing to sell back their sick leave will be paid to them by June 15th 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 ten (10) 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 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 - - 63 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 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. 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 - - 64 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 1510 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 endless 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 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 - - 65 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 and eligible part-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 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$5,000 and dependents at $2,000. 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 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 4.14.1 Eligibility 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 An 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. - - 66 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 4.16 Education a. 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) leaves 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. Then 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. b. The City shall pay tuition and fees only for college coursework (not travel or wages), unless otherwise approved by the Mayor and City Council. c. 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. d. 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 C- 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 C-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% e. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. Section 4.17 Training and Certificates a. 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. b. 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 c. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form (Appendix J) 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. - - 67 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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, or employees shall be issued a City credit card when feasible.taken from petty cash or by requesting a check from the Finance Department. 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. 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: - - 68 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 • 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. 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 continued 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 - - 69 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. 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 their 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. - - 70 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 4.24.1 Disability-Non Work-Related Section 4.24.1.1 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 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 on the active payroll 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 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 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 on the active payroll 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 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 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 - - 71 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 may be requested for any of the following reasons: (1) Child Care. To care for a child born to or placed for adoption or foster care with an employee; (2) Family Medical or (3) Military Care Giver. To care for a spouse, child, or parent("covered family member") with a serious health condition; (4) Employee Medical. Because of an employee's own serious health condition which renders the employee unable to perform the functions of their position. Child Care Leave must be completed within the twelve (12) month period beginning on the date of birth or placement. In addition, spouses 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 4.25.4 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 - - 72 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 L), available in personnel. 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 - - 73 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 similar position. If you take an Employee Medical Leave, 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 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 FMLA Forms Forms to be used in conjunction with requesting to use FMLA time are attached to this manual as Appendix L 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 - - 74 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. - - 75 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 Director of Human Resources to the City Administrator. The Department Head shall consult with the Human Resources Division 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 (employees who do not leave in good standing are not accorded the benefit of payment for accumulated vacation leave). The employee shall receive his/her final check the date of his/her 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. 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. 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 vacation and/or 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 CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 This is termination of an employee during the established introductory period, usually for the inability to meet position/department requirements. An introductory 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. 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. Prior to the exit interview, a letter concerning COBRA or continued health insurance will be sent out to the employee (full-time only; see Medical/Dental Continuation Plan). The employee should bring the COBRA insurance letter to the exit interview for further discussion. Human Resources will also review the following with the employee where applicable: • 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 to monitor employee morale and correct problems, if necessary. Typical questions asked in the interview include: - - 77 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 orally or in writing by the employee and the City. Section 5.2.7 Final Paycheck Before the final paycheck is issued to the employee, the employee shall be required to follow the clearance process. The terminating employee is responsible for ensuring all appropriate items have been returned. Failure by the terminating employee to return City equipment may result in delay of receipt of the final paycheck. Section 5.2.8 Termination Date The official date of termination will be the last full day the employee reports for work. Section 5.2.9 Continuation of Benefits Benefits continue through the time actually worked by the employee. Section 5.2.9.1 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 - - 78 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 5.2.10 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 5.2.11 Unemployment Compensation All claims for unemployment compensation as filed by a terminating employee shall be processed by the Human Resources Division and the Finance Department. Requests for information about unemployment compensation should be forwarded to the Human Resources Division 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 Employees are to be compensated for all unused vacation leave at termination if they leave in good standing. 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 ten (10) 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 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 - - 79 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 • 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. - - 80 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 Section 5.7 Re-Employment Any former regular employee who resigned from the City in good standing 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 Process Policy. If this individual is re-hired,he/she must meet a pre-employment physical and drug test. 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. Vacation eligibility will be based on previous City service if re-hired within one (1) year. The date of hire will take the person's previous service with the City into account; however, future increases will coincide with the re-employment date. The individual's previous personnel file will be re-activated once re-employed by the City provided re-employment is within seven (7) years after the original resignation. 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 M), 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. - - 81 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 with 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 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 status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. Section 6.3 Miring policy for all other employees 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. 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 - - 82 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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, medical examinations, physical agility tests, 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 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. Section 6.4 Job Description Creation - - 83 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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 x.x3.I]. 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. Section 6.5.2.1 Employee review of records 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 400. 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 - - 84 - - CLEAN COPY—DRAFT EMPLOYEE MANUAL 09-06-11 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. - - 85 - - Reviewed By: J� a 0� Legal El Agenda Item Number Finance OB #2 EST. 1836 Engineer ❑ City Administrator 4 ��; (;) Human Resources ❑ Tracking Number Community Development ❑ Police ❑ ADM 2011-43 CE Public Works ❑ Agenda Item Summary Memo Title: City services survey Meeting and Date: Administration—November 17, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Sept 2011 Action Taken: Discussion Item Number: Type of Vote Required: Majority Council Action Requested: Approval of survey questions and formatting Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D C/Ty o Memorandum To: Administration Committee esr. 1836 From: Bart Olson, City Administrator CC: Date: November 10, 2011 A� Cwinly Seat Subject: City services survey CE Backl4round This item was last discussed at the October Administration Committee meeting. At that meeting, the committee postponed discussion of the survey until a sample survey could be presented. Sample survey I have created a free, 10 question survey on Survey Monkey, which is the survey website I am proposing to use. The link to the draft survey is here: http://www.surveyLnonkey.com/s/B3XJPXM The purpose of the draft survey is to show you how the survey functions for each type of question. The final survey will have all of the questions that we approve, in the correct order and will be more polished (generally, there should be one to four questions per page only). New questions? The proposed list and order of questions is attached to the end of this memo. Since then, Alderwoman Spears has forwarded some additional thoughts on new questions (attached). Out of these questions, I do recommend that we add the following: 1) Please rate each item on a scale of 1 to 5, where 1 means "Strongly Disagree" and 5 means "Strongly Agree". a. Yorkville is a good place to raise kids. b. Yorkville is safer than surrounding communities. 2) If the City were to require an increase in services, and could not cut costs, would you prefer to (choose one): a. Pay through user fees b. Sales tax c. Property tax 3) (AMENDED QUESTION) Which of the following are/were your primary sources of information about City issues, services, and events? (check all that apply) a. City newsletter (discontinued) b. Website (includes audio /video files of City meetings) c. City facebook page d. City twitter account e. Utility bill inserts f. Govt Access TV (FVTV) g. Kendall County Record h. Beacon News L Yorkville Patch j. WSPY Radio k. Contact with elected officials 1. Other 4) (Amended question) Please rate each City service on a scale of 1 to 5 where 5 means "very satisfied" and 1 means "very dissatisfied". (don't know is the sixth option), a. Quality of police services b. Response time of police services c. Maintenance of streets, sidewalks, and infrastructure d. City communication with public (not from elected officials) e. Communication with your elected officials f. Quality of customer service (any department) g. Flow of traffic/congestion management h. Quality of stormwater management system i. Quality of water services j. Quality of wastewater services k. Quality of refuse, recycling, and yardwaste collection services 1. Quality of parks m. Quantity of parks provided n. Quality of recreation programming offered o. Quantity of recreation classes offered p. Quality of special events offered q. Quality of customer service during building inspections r. Quality of property maintenance services (weeds, unsafe buildings, etc.) Final, clean, orl4anized list of survey questions 1) Please rate each City service on a scale of 1 to 5 where 1 means "very dissatisfied" and 5 means "very satisfied". a. Quality of police services b. Response time of police services c. Maintenance of streets, sidewalks, and infrastructure d. City communication with public (not from elected officials) e. Communication with your elected officials f. Quality of customer service (any department) g. Flow of traffic/ congestion management h. Quality of stormwater management system i. Quality of water services j. Quality of wastewater services k. Quality of refuse, recycling, and yardwaste collection services 1. Quality of parks m. Quantity of parks provided n. Quality of recreation programming offered o. Quantity of recreation classes offered p. Quality of special events offered q. Quality of customer service during building inspections r. Quality of property maintenance services (weeds, unsafe buildings, etc.) 2) Which three of the items listed below do you think should receive the most emphasis from City leaders over the next two years? a. Quality of police services b. Response time of police services c. Maintenance of streets, sidewalks, and infrastructure d. City communication with public (not from elected officials) e. Communication with your elected officials f. Quality of customer service (any department) g. Flow of traffic/ congestion management h. Quality of stormwater management system i. Quality of water services j. Quality of wastewater services k. Quality of refuse, recycling, and yardwaste collection services 1. Quality of parks m. Quantity of parks provided n. Quality of recreation programming offered o. Quantity of recreation classes offered p. Quality of special events offered q. Quality of customer service during building inspections r. Quality of property maintenance services (weeds, unsafe buildings, etc.) 3) Approximately 10 cents of each property tax dollar you pay goes to the City. The City's portion of property tax pays for the following services: Police, Public Works (street maintenance, snow plowing), Building, Zoning, Planning, Finance, Administration, and Parks and Recreation. The remaining 90 cents goes to the Library, County, Township, School District, Community College, Fire Protection, and Forest Preservation. Please rate each item on a scale of 1 to 5 where 5 means "very satisfied" and 1 means "very dissatisfied". (don't know is the sixth option) a. Value you receive for City tax dollars and fees b. Image of the City c. Quality of City services d. Quality of life in the City 5) If the City were to require an increase in services, and could not cut costs, would you prefer to (choose one): a. Pay through user fees b. Sales tax c. Property tax 4) What do you consider to be the major assets and advantages of living in Yorkville? (check all that apply) a. Schools b. Location c. Shopping d. Transportation e. Housing Quality f. Housing Costs g. Residential Neighborhoods h. Friendliness of residents i. Recreational amenities 5) Please rate each item on a scale of 1 to 5 where 1 means "very dissatisfied" and 5 means "very satisfied". a. Visibility of police in your neighborhood b. Visibility of police in retail areas c. Efforts to prevent major crime d. Enforce traffic laws on major streets e. Enforce traffic laws in your neighborhood f. How quickly police respond g. Quality of non-enforcement services 6) Which three of the public safety items listed above do you think should receive the most emphasis from City leaders over the next two years? a. Visibility of police in your neighborhood b. Visibility of police in retail areas c. Efforts to prevent major crime d. Enforce traffic laws on major streets e. Enforce traffic laws in your neighborhood f. How quickly police respond g. Quality of non-enforcement services 7) Please rate each item on a scale of 1 to 5, where 1 means "Strongly Disagree" and 5 means "Strongly Agree". a. Yorkville is a good place to raise kids. b. Yorkville is safer than surrounding communities. 8) Please rate each item on a scale of 1 to 5 where 1 means "very dissatisfied" and 5 means "very satisfied". a. Maintenance of major City streets i. (Game Farm Road, Fox Road, Van Emmon Road) b. Maintenance of neighborhood streets i. (Entrances to subdivisions, streets in front of your house) c. Maintenance of City sidewalks d. Maintenance of street signs e. Maintenance of City street lighting f. Snow removal on major streets g. Snow removal on neighborhood streets h. Mowing and trimming along major streets i. Cleanliness of streets and other public areas 9) Which three of the public works items listed above do you think should receive the most emphasis from City leaders over the next two years? a. Maintenance of major City streets i. (Game Farm Road, Fox Road, Van Emmon Road) b. Maintenance of neighborhood streets i. (Entrances to subdivisions, streets in front of your house) c. Maintenance of City sidewalks d. Maintenance of street signs e. Maintenance of City street lighting f. Snow removal on major streets g. Snow removal on neighborhood streets h. Mowing and trimming along major streets i. Cleanliness of streets and other public areas 10)Which of the following are/were your primary sources of information about City issues, services, and events? (check all that apply) a. City newsletter (discontinued) b. Website (includes audio /video files of City meetings) c. City facebook page d. City twitter account e. Utility bill inserts f. Govt Access TV (FVTV) g. Kendall County Record h. Beacon News i. Yorkville Patch j. WSPY Radio k. Contact with elected officials 1. Other 11)Please rate each item on a scale of 1 to 5 where 1 means "very dissatisfied" and 5 means "very satisfied". a. Efforts to keep you informed about issues b. Quality of government access TV station c. Quality of website d. Quality of City facebook page e. Quality of City twitter account f. Quality of City newsletter (discontinued) 12)Please rate each item on a scale of 1 to 5 where 1 means "very dissatisfied" and 5 means "very satisfied". a. Hometown Days b. Holiday Under the Stars c. Music Under the Stars d. National Night Out e. Go Green Environmental Fair f. Share and Care Recycle Day g. 5k runs (Tax Dodge, Chili Chase, etc.) 13)Do you support City involvement of special events, if they do not run a profit to the City? For example, Hometown Days typically runs a 30%profit, Holiday Under the Stars is break-even, and Music Under the Stars is run at a 10% loss a. Yes b. No 14)Which type of businesses or industry would you like to see in Yorkville? a. Retail/shopping opportunities b. Office developments c. Light manufacturing d. Heavy manufacturing or industrial e. Other(please specify) 15)Which specific companies would you like to see open up a retail store in Yorkville? a. (Open-ended) 16) If the location of the REC Center were to change, would you still be a member of the REC Center? a. Yes b. No c. Not a member of the REC Center 17)What suggestions do you have to improve the quality of life in Yorkville? a. (Open-ended) 18)Demographics a. How many years have you lived at your current residence? i. (Fill in the blank) b. Which City and State did you live in prior to moving to Yorkville? If you have lived here your entire life, please write "lifelong resident" or similar. i. (Fill in the blank) c. Do you own or rent your current residence? i. (Check box—rent or own) d. Which ward do you live in? i. Ward 1 (Colosimo, Gilson) ii. Ward 2 (Kot, Milschewski) iii. Ward 3 (Munns, Funkhouser) iv. Ward 4 (Spears, Teeling) v. Don't know e. How many persons in your household, counting yourself, are in the following age groups? i. Under age 10 ii. 10-19 iii. 20-29 iv. 30-39 v. 40-49 vi. 50-59 vii. 60-69 viii. 70 and over f. Which is your age group? i. Under age 10 ii. 10-19 iii. 20-29 iv. 30-39 v. 40-49 vi. 50-59 vii. 60-69 viii. 70 and over g. Which of the following best describes your race/ ethnicity? i. White/Caucasian ii. African American/Black iii. Asian/Pacific Islander iv. Native American/Eskimo v. Mixed Race vi. Other h. What is your gender? i. Male ii. Female 10/11 Possible Survey Questions for Consideration 1. How do you rate Yorkville as a place to raise kids. a. Excellent b. Good c. Fair d. Poor 2. How safe is Yorkville compared to other surrounding communities? a. Very safe b. Safe c. Neutral d. Unsafe 3. Rank post important goals for the City. a. Construct attainable housing for people at every stage of life b. Work with citizens on community issues C. Attract businesses d. Attract manufacturing e. Inform citizens on City government activities f. More cultural activities 4. How important is it to manage storm water to prevent flooding? a. Very important b. Important c. Somewhat important d. Not important 5. How important is it to maintain city streets, roads and sidewalks? a. Very important b. Important c. Somewhat important d. Not important 1 6. How important is it to attract appropriate development throughout the city? a. Very important b. Important c. Somewhat important d. Not important 7. How important is it to preserve open space and natural areas? a. Very important b. Important c. Somewhat important d. Not important 8. Where do you obtain local news? a. Kendall County Record b. The Beacon News C. Yorkville Patch d. WSPY Radio 9. How would rate the overall performance of the Yorkville Police Department (YPD)? a. Very Satisfied b. Satisfied c. Not Satisfied d. Poor 10. How would rate the service provided by the Yorkville Police Department (YPD)? a. Excellent b. Good c. Average d. Below Average 2 11. How would rate the YPD's emergency response time? a. Excellent b. Good c. Average d. Below Average 12. How would rate the service provided by KenCom (911 Emergency Dispatchers) a. Excellent b. Good c. Average d. Below Average 13. Do you feel the dollars you pay in municipal taxes are being put to good use? a. Excellent - Level of service for property tax dollars paid b. Good - Level of service for property tax dollars paid c. Fair - Level of service for property tax dollars paid d. Poor - Level of service for property tax dollars paid 14. How would you rate city hall customer services? a. Excellent b. Good c. Average d. Below Average 15. How would you rate contact with city staff? a. Excellent b. Good c. Average d. Below Average 16. How would you rate street maintenance efforts? a. Excellent b. Good c. Average d. Below Average 3 17. How would you rate garbage collection services? a. Excellent b. Good c. Average d. Below Average 18. How would you rate the contents provided on the city's website? a. Excellent b. Good c. Average d. Below Average 19. If the City were to require an increase in services, would you prefer to: a. Pay through user fees b. Sales tax c. Property tax 4 C/Ty Reviewed By: 0 Legal El Item Number Finance ❑ OB #3 EST. 183EST. �� �� ,_' Engineer ❑ City Administrator �co Human Resources ❑ Tracking Number Community Development ❑ Police ❑ ADM 2011-41 LkE Public Works ❑ Agenda Item Summary Memo Title: ward maps - redistricting Meeting and Date: Administration—November 17, 2011 Synopsis: Discussion of redistricting wards. Council Action Previously Taken: Date of Action: Oct 2011 Action Taken: Discussion Item Number: Type of Vote Required: Majority Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: No ward maps are available at time of packet creation. If the GIS data is finalized prior to Thursday, we will release a supplemental packet and bring copies to the meeting. D C/,). Reviewed By: 0 Legal El Agenda Item Number �Z _ Finance ❑ OB #4 EST. �: 1836 Engineer ❑ City Administrator O /! Human Resources ❑ Tracking Number L 1 li� y au,Y�a 0 Community Development ❑ Police ❑ ADM 2011-39 4E �`'� Public Works ❑ Agenda Item Summary Memo Title: Solid Waste Franchise Agreement Meeting and Date: Administration—November 17, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Sept 2011 Action Taken: Discussion Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 0 C/,* s o Memorandum 10 To: Administration Committee EST. -�. 1836 From: Bart Olson, City Administrator CC: Date: November 10, 2011 CmiiNY SBBt <CEV`�� Subject: Residential solid waste franchise agreement Background This item was last discussed at the October Administration Committee meeting. At that meeting, the committee requested a new refuse program whereby residents would be able to choose different size refuse and recycling containers and pay different amounts for each container. In the current program, 33-gallon and 65-gallon refuse containers cost the same each month, and 96-gallon containers cost $5 more per month. Changes to the RFP Per the Committee's direction, the final page of the agreement has been revised to ask for the monthly pricing for the different sized containers. RFP respondents will fill out each cell in the spreadsheet for each year. Depending on who the City Council selects at the end of the RFP process, the administration of those tiered pricing plans and the delivery of new sized carts will have to be negotiated. More specifically, if a vendor other than Veolia is selected, we will have to figure out how we get the proper sized cart to every residence in the City. However, this does not need to be finalized until a vendor is selected. Timeline for RFP publishing If the Committee feels the RFP is in acceptable form and the document is approved at the November 22nd City Council meeting, it would be my recommendation to have the RFP window from December 12, 2011 through January 10, 2012. REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Solid Waste Collection Services Proposal No.: Proposal Due: DATE &4:30 pm (FOUR WEEK WINDOW) Proposal Openings DATE (-) 4:31 p.m. Required of All Proposers: Deposit: $5,000.00 Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: $500,000.00 Certificate of Insurance: Required Legal Advertisement Published: DATE AT BEGINNING OF WINDOW Date Issued: DEADLINE MINUS FOUR WEEKS This document consists of 44 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a*.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON CITY ADMINISTRATOR UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us 1 The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 I. REQUEST FOR PROPOSALS 1. GENERAL 1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to DATE at 4:30 p.m. 1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road, on DATE at 4:31 p.m. 1.2 Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.3 Proposal forms shall be sent to the United City of Yorkville,ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.4 All proposals must be submitted on the forms supplied by the City and signed by a proper official of the company submitting proposal. Telephone, email and fax proposals will not be accepted. 1.5 By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential Proposer. 2. PREPARATION OF PROPOSAL 2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations,provisions, and conditions surrounding the proposed services. 2.2 No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5)business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposer's of record. 2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance 3 with the requirements of the Contract Documents considered severally and collectively. 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal,provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening,by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90) days from the date set for the proposal opening, unless otherwise specified. 4. SECURITY FOR PERFORMANCE 4.1 The awarded contractor,within thirteen (13) calendar days after acceptance of the proposer's proposal by the City, shall furnish security for performance acceptable to the City when required under the documents. Such security shall be either a satisfactory performance bond (bonding company must be licensed to do business in Illinois) or a letter of credit on the form provided by the City and available from the City's Attorney. NOTE: As evidence of capability to provide such security for performance, each proposer shall submit with the proposal either a letter executed by its surety company indicating the proposer's performance bonding capability, or a letter from a bank or savings and loan within twenty-five miles of the corporate boundaries of the City indicating its willingness and intent to provide a letter of credit for the proposer. 5. DELIVERY 5.1 All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road,Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subcontractors as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. 4 II. TERMS AND CONDITIONS 8. CITY ORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 9 USE OF CITY'S NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 10. INDEMNITY AND HOLD HARMLESS AGREEMENT 10.1 To the fullest extent permitted by law, the Proposer shall indemnify,keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors. 11. NONDISCRIMINATION 11.1 Proposer shall, as a parry to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders#11246 and#11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 11.2 It is unlawful to discriminate on the basis of race, color, sex,national origin, ancestry, age, marital status, sexual orientation,physical or mental handicap or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 5/1-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 5 12. SEXUAL HARASSMENT POLICY 12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 12.1.1 Notes the illegality of sexual harassment; 12.1.2 Sets forth the State law definition of sexual harassment; 12.1.3 Describes sexual harassment utilizing examples; 12.1.4 Describes the Proposer's internal complaint process including penalties; 12.1.5 Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 12.1.6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 13. EQUAL EMPLOYMENT OPPORTUNITY 13.1 In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"),the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the Proposer agrees as follows: 13.1.1 That it will not discriminate against any employee or applicant for employment because of race, color,religion, sex,marital status, national origin or ancestry, age,physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 13.1.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 13.1.3 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color,religion, sex,marital status,national origin or ancestry, age,physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 13.1.4 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or 6 understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 13.1.5 That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.6 That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Proposer will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 14. DRUG FREE WORK PLACE 14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 14.2 Publishing a statement: (1)Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis, is prohibited in the City's or proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 14.3 Establishing a drug free awareness program to inform employee's about: (1)the dangers of drug abuse in the workplace; (2) the City's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation and employee assistance programs; (4)the penalties that may be imposed upon employees for drug violations. 14.4 Providing a copy of the statement required above to each employee engaged in the 7 performance of the contract or grant and to post the statement in a prominent place in the workplace. 14.5 Notifying the contracting or granting agency within ten (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 14.8 Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 15. PREVAILING WAGE ACT 15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four(4)years following completion of the contract. 16. INSURANCE REQUIREMENTS— 16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall procure,maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use,which may arise out of operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City. Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee 8 Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile $1,000,000 Each Accident Liability Umbrella Liability $ 5,000,000 16.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents." 16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 16.4 Workers Compensation coverage shall include a waiver of subrogation against the City. 16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 16.6 Contractor and all Subcontractors shall have their respective Comprehensive General Liability(including products/completed operations coverage), Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "City of Yorkville, its officers, officials, employees and volunteers" as "additional insureds"with respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Contractor of Subcontractor employees, or the employees of Subcontractor's subcontractors of any tier, however caused,related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain any insured required by the Contract Documents, the City may, at its option,purchase such coverage and deduct the cost thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 16.8 All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled,materially changed, non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City. Renewal 9 certificates shall be provided to the City not less than five (5) prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 17. COPYRIGHT/PATENT INFRINGEMENT 17.1 The Proposer agrees to indemnify, defend, and hold harmless the City against any suit, claim, or proceeding brought against the City for alleged use of any equipment, systems, or services provided by the Proposer that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 18. COMPLIANCE WITH OSHA STANDARDS 18.1 Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 19. CERCLA INDEMNIFICATION 19.1 In the event this is a contract that has environment aspects, the Awarded Proposer shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response,removal, remediation, investigation, property damage,personal injury, damage to natural resources,health assessments,health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seg., as amended, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Awarded Proposer,both before and after its disposal. 20. SUBLETTING OF CONTRACT 20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the City Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 22. TERMINATION OF CONTRACT 22.1 The City reserves the right to terminate the whole or any part of this contract,upon ten (10) days' written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. The Awarded Proposer shall be liable for any excess costs for such similar supplies or services unless 10 acceptable evidence is submitted to the City that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Awarded Proposer. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer. 23. BILLING& PAYMENT PROCEDURES 23.1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 23.2 The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 23.3 Please send all invoices to the attention of City of Yorkville,Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 24.1 The relationship between the City and the Proposer is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. 25. STANDARD OF CARE 25.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one (1)year from the completion of Proposer's services for the Project. 26. GOVERNING LAW 26.1 This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 27. SUCCESSORS AND ASSIGNS 27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided,however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. 11 The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 28. WAIVER OF CONTRACT BREACH 28.1 The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 29. AMENDMENT 29.1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 30. CHANGE ORDERS 30.1 The contract price is a"not-to-exceed" cost. At any time additional work is necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or price increase must be agreed to in writing by all parties. The appropriate authorizing signature for the City is the City Administrator. 31. SEVERABILITY OF INVALID PROVISIONS 31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 32. NOTICE 32.1 Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: City Administrator City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. 12 III. DETAILED SPECIFICATIONS 33. DEFINITIONS 33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections. Attached Single-Family Dwelling (Group, Row, Townhouse) A building originally designed and constructed to accommodate two (2) or more dwelling units, with dwelling units joined together by parry wall or walls and being not more than two (2) stories in height. Each unit shall have its own ground floor entrance and living space. Biodegradable shall mean chemically structured material that decomposes rapidly primarily through the action of living soil-borne microorganisms (bacteria, fungi, and actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.). Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container comprised of kraft paper most often used to contain groceries. Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers, tissues, and other similar products. Compost(ing) shall mean the process by which aerobic microorganisms decompose organic matter into a humus-like product. Contract shall mean the agreement created by and consisting of the Contract Documents. Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Proposal/Contract Form. Contractor shall mean the firm with which the City has executed the Contract for Solid Waste Collection and Disposal Services Corrugated Cardboard shall mean a sturdy paper product commonly used as a packaging consisting of two paper grades—a wavy inner portion and an outside liner. Curbside shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. Customer shall mean the resident party,property owner of a dwelling unit in Yorkville corporate boundaries participating in the scavenger collection service. Day shall mean Calendar Day unless otherwise stated. Detached Dwelling A single-family dwelling entirely surrounded by open space. Disposal Unit shall have different meanings as follows: For the purposes of refuse 13 collection, a"disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or one (1) water-tight metal, or plastic reusable waste container, no larger than thirty-two (32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste or household construction and demolition debris as herein defined; or a securely tied,bundle of refuse or debris which is not placed in a container that does not exceed three(3) feet in diameter, six (6) feet in length, and fifty(50)pounds in weight, or one(1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty(50) pounds in weight. A large household item, as herein defined, is to be considered a disposal unit. Household construction and demolition debris, as is herein defined, is to be considered a disposal unit. For the purpose of yard-waste collection, a"disposal unit" shall mean a biodegradable two-ply fifty(50) pound wet-strength kraft paper bag designed for yard-waste collection,not to exceed thirty-three (33) gallons in capacity and fifty(50)pounds in weight, containing"yard-waste" as herein defined, or securely tied, bundles of brush or branches using biodegradable cord, string, rope or twine that does not exceed fifty(50)pounds in weight, two (2) feet in diameter, and four(4) feet in length and is manageable by one (1)person. For purpose of recycling collection, a"disposal unit" shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote. Envelope shall mean a flat, folded paper container for a letter or smaller object. Frozen Food Packages shall mean paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen. Garbage or Rubbish shall mean discarded materials resulting from the handling, cooking, spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for wrapping same, and all types and kinds of waste materials from housekeeping activities, including,but not limited to ashes, metal cans bottles,books, glass,plastic, newspapers,boxes, cartons, and small amounts of earth,rock or sod, small automobile parts and building materials waste from residential type do-it-yourself projects provided that all such materials are of a size sufficiently small to permit being placed in an approved refuse container, except those items which are banned from direct disposal into a landfill. HDPE shall mean high-density polyethylene. Household Construction and Demolition Debris shall mean waste materials from interior and exterior household construction, remodeling and repair projects, including but not limited to: drywall, plywood and paneling pieces, lumber and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete, rocks and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding fifty(50)pounds in weight, or in bundles not exceeding two (2) feet in diameter, four(4) feet in length, and fifty(50) pounds in weight. Household Garbage shall mean garbage and rubbish as collected from the residents of the City of Yorkville currently receiving curbside scavenger service or on-site dumpster service. 14 Household Garbage—Large Items shall mean any items set forth under"Garbage and Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but not limited to boxes, barrels, crates, furniture, refrigerators, carpets,mattresses, box springs,hot water heaters, stoves and other household appliances, except those items which are banned from direct disposal into a landfill. Household Garbage—Large Items shall not include waste from manufacturing processes, construction materials, broken concrete, lumber, large rocks, automobile parts other than tires or dangerous substances which may create a danger to the health, safety, comfort or welfare of the residents of the City of Yorkville or items which are banned from direct disposal into a landfill. Industrial Wastes shall mean any and all debris and waste products generated by canning,manufacturing, food processing, restaurant, land clearing, building construction or alteration and public works type construction projects whether performed by a governmental unit or by Contract. Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with polyethylene plastic and aluminum foil, excluding milk cartons. Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards, window envelopes, and other similar correspondence. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item (also known as "Bulk Item"), shall mean any discarded and unwanted large household appliance such as freezers, stoves,trash compactors, washers, dryers, dishwasher,humidifiers, dehumidifiers, microwaves, water softeners,televisions, pianos, organs, tables, chairs,mattresses,box springs,bookcases, sofas and similar furniture. All "white goods" including those containing CFC's (chlorofluorocarbons), shall fit into this definition. White goods containing switches containing mercury, and PCB's (polychlorinated biphenyls) shall not fit into this definition. LDPE shall mean low density polyethylene. Magazines shall mean periodical publications, usually glue bound. Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox paper, note paper, letterhead, and other similar papers. Multiple-Family Dwelling A dwelling containing three (3) or more dwelling units, with one or both of the following: (a) More than one (1) dwelling unit connecting to a common corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring dwelling units through shared floors and ceilings. PET shall mean polyethylene terephthalate. 15 Performance Bond shall mean the form of security approved by the City and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. Processing Center shall mean a location to be maintained or utilized by the Contractor for the purpose of sorting, preparing, and marketing of recyclable materials. Properly-Prepared shall mean materials prepared according to the disposal program restrictions for refuse, yard-waste, and recycling. Processing Costs shall mean all reasonable costs incurred by the Contractor with respect to the collection of recyclables from residents currently receiving curbside scavenger services. Public Awareness Program shall mean a program developed and provided by the Contractor and the City to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City. Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on Appendix 2. Recycling shall mean the use, collection, and remanufacture of secondary materials as feedstock for the production of new materials or products. Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote if so acquired by the customer in the manner prescribed in the recycling collection program Refuse shall mean all discarded and unwanted household and kitchen wastes, including but not limited to: food, food residues, and materials necessarily used for packaging, storing, preparing and consuming same,usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from routine domestic housekeeping, including but not limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other containers,metal,paper(of all types), including newspapers,books,magazines, catalogs,boxes and cartons, cold ashes, furniture, furnishings and fixtures,household appliances (all kinds), textiles and leathers, toys and recreational equipment and similar items. For the purposes of this Agreement, the terms "garbage", "refuse", "rubbish", and"waste" shall be synonymous unless otherwise more specifically defined(for example: "yard-waste"). Refuse Sticker shall mean a biodegradable paper stamped with the City name and the Contractor's name and telephone number providing the solid waste services for the City. The sticker shall represent proof of payment for collection and disposal services to be rendered by the Contractor. Residence shall mean all attached single family and detached single family dwelling. Single-Family Dwelling A detached dwelling containing accommodations for and occupied by one (1) family only. 16 Specifications shall mean specifications identified in the Contract. Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33 gallon, or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism for collection. Waste shall mean refuse, recyclables, yard or landscape waste and white goods. Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with special coatings to prevent tearing of the containers or smearing of the ink from moisture when refrigerated. White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room air conditioners, water heaters and other similar domestic large appliances. Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag not exceeding thirty(34) gallons of capacity weighing up to fifty(50)pounds. The kraft paper bag shall be of the type specifically intended for landscape waste,being specifically biodegradable and not chemically treated; or a waste container(excluding plastic bags) not exceeding thirty-four(34) gallons of capacity weighing up to fifty(50)pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and four(4) feet in length weighing up to fifty(50)pounds. Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or wire is prohibited. Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings, vines, garden plants and flowers, weeds, tree droppings (for example: pine cones and crabapples), and other similar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be considered yard-waste and shall be disposed of as refuse, unless the composting facility will accept it. 34. DESCRIPTION OF THE CITY'S SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City on a once-per-week basis. The program,being a modified volume based program,based on a monthly fee for pickup of all refuse, consisting of one 35-gallon, 64- gallon tote, or 96-gallon tote, and a$1 charge for each refuse disposal unit beyond the tote, unlimited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix 1. 34. 2 BULK ITEMS, as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. The CONTRACTOR will make available the collection of(1) one bulk item per week from residential UNITS at no additional cost to the resident. Individual residents will be responsible to contact CONTRACTOR and make arrangements for collection of additional BULK ITEMS on an individual basis. Residents with additional material or home improvement projects may contract separately with the CONTRACTOR. The 17 CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this purpose. 34.3 Yard-waste collection shall begin each year on the 1"collection day in April and end the last collection day in November. 35. SCOPE OF WORK 35.1 The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor, materials, equipment and supplies, vehicles, transportation services, and landfill and compost facility space required to perform and complete the collection and disposal of refuse and yard waste. The Contractor shall also make necessary arrangements with processors required to perform and complete the collection and marketing of recyclables. 35.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program awarded to one firm and cannot be quoted or operated as separate programs. 36. COLLECTION UNITS 36.1 The base unit of service shall be known as a"Collection Unit or Stop". The Contractor shall collect,remove and dispose from every residential building unit, as defined herein, in the City of Yorkville, all refuse,yard-waste and curbside recyclables that may be set out for collection one(1)time each week. 37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 37.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon totes to each single-family residence in the City of Yorkville for the purposes of garbage collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 37.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in the provided carts. 37.3 Additional refuse material may be placed in covered cans or containers not to exceed thirty-three(3 3) gallons in capacity with a maximum weight for anyone container and its contents not to exceed fifty(50) pounds. The minimum can or container shall not be less than fifteen (15) gallons. Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not exceed thirty-three(33) gallons capacity and are fifty(50)pounds or less in weight. Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley(if designed by the CONTRACTOR). A $1 prepaid sticker must be attached to each bag or can in excess of the provided cart prior to collection by the CONTRACTOR. 37.4 All residences receiving the aforementioned services shall be required to prepare all materials for collection and/or disposal into proper"disposal units". The CONTRACTOR will be required to collect only properly prepared disposal units. Residents will be allowed to place unlimited amounts of disposal units at the curb for collection and disposal provided that a 18 disposal sticker has been attached to each unit above and beyond the disposal units covered in the monthly fee. 37.5 Properly prepared refuse shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians or snow plowing operations. The CONTRACTOR shall return all containers at each pick-up location to the curbside or adjacent to the right-of-way of paved or traveled CITY roadways. Containers will be placed,not thrown, and securely placed in such a manner that they are not left lying on their sides or in a manner that would allow roadway interference of vehicle and/or pedestrian traffic. Any contents spilled by CONTRACTOR on the parkways,premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials, radioactive materials, poisons, liquid waste, paint or similar products, acids,used motor oils, or any other material that the CONTRACTOR is legally unable to accept. 38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall be accepted for regular collection including but not necessarily limited to: bulk items,household fixtures, appliances, furniture and yard-waste. 39. EXAMINATION OF SERVICE AREA 39.1 It is the responsibility of the Contractor to be completely informed of all conditions under which service is to be performed, the service area, and all other relevant matters pertaining to the collection services as specified herein, including,but not limited to, type of housing,population density,roads,traffic patterns,required collection procedure, labor requirements, and any other factor which would effect the execution and/or completion of the work covered by the contract. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Contractor. 40.2 Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 19 40.5 The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 41 CHRISTMAS TREE COLLECTION 41.1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the 1 St and 2nd full week in January each contract year. It will be the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas trees. There will be no cost to the CITY of Yorkville for this service. The CONTRACTOR and the CITY will work together to educate the public with respect to the condition of the trees before they will be collected. Christmas trees will be accepted provided they are free of all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during the two-week special collection period shall be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped,mulched or composted. The CONTRACTOR shall provide the name and location of the compost site in accordance with Appendix 6. 42. YARD-WASTEBUNDLED BRUSH COLLECTION 42.1 As a part of yard-waste collection, all eligible households located within the City's corporate boundaries shall be provided weekly yard-waste and bundled brush collection in an unlimited amount. All yard waste materials must be placed in"Kraft"paper bags designed and sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed four(4) foot length, with each individual bundle not to exceed excess weight of fifty(50) pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon tote to each single-family residence in the City of Yorkville for the purposes of recycling collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 43.2 The City of Yorkville's recyclable material program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall,however,provide for the collection and disposal of all recyclable material placed for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of recyclable material at no additional cost to customers receiving residential scavenger service as covered under this contract. The cost of recycling collection and disposal services has been built into the rates and charges otherwise provided for in the Contract for collection of refuse and yard- waste. All revenue collected from the sale of recyclable material shall be the property of the Contractor. The Contractor shall have representatives available to participate in community-sponsored events promoting environmental awareness. 43.3 The method in which the recyclables are to be generally sorted for collection by the 20 United City of Yorkville household shall be commingled within the recycling container(s). 43.4 The Contractor shall specify the manner in which the recyclables are to be collected and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing facility, and the like. The Contractor will be responsible for cleaning up any material that has spilled as a result of the collection process. 43.5 The Contractor shall allow for a tagging system for recyclables not collected and must provide a simple explanation as to why the recyclable material(s) were not picked up, including,but not limited to, the following: contaminants, improper preparation; materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the container and not left on the street or parkway areas. 43.6 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for residential scavenger service to cover replacement for lost, damaged and stolen containers, and for customers desiring additional recycling capacity. The City reserves the right to approve the type of containers purchased by the Contractor. 43.7 The Contractor shall pick up all recyclable material placed in the recycling existing 64 gallon totes, or the recycling containers supplied by the Contractor, or any other recycling containers used by the customer. If, for operational purposes, the Contractor has difficulty identifying recycling containers used for recycling purposes, the Contractor shall provide free of charge, a recycling sticker or other identification mechanism to be placed on the various recycling containers used for collection of recyclable material. 43.8 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for recyclable materials as set forth in Appendix 6. In the event that an alternative site is preferred by the City, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City and the Contractor prior to its use. 43.9 The City reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential recycling program. The City also reserves the right to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect but which the City has determined not to add to the collection program, or to phase in any material(s) that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. The basis for determining cost of adding materials at a later date will be based on evidence supplied by the Contractor specifically justifying additional cost due to collection, administration,profit, and processing(minus revenue) only. 44. AMNESTY DAY 44.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional 21 United City of Yorkville refuse and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY. In addition, the CONTRACTOR will collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires prior to collection. There shall be no additional charge to the residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be accepted during the designated clean-up week and stickers will not be required. 45. COLLECTION FROM CITY-OWNED FACILITIES 45.1 At no additional cost, the Contractor shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all City-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the City's Designated Representative, with the size to be agreed upon. The City reserves the right to request such containers, in addition to, or increase the size of normal containers, on a permanent or temporary basis. If requested by the City, any and all containers furnished by the Contractor shall be equipped with non-removable hinged covers or lids. Collection and disposal services by the Contractor will be as often as necessary each week, as set forth in Exhibit B. 46. STICKER DESIGN AND DISTRIBUTION 46.1 The CITY has the sole authority to approve or disapprove the design and constmction of the CONTRACTOR's stickers. Stickers must be of an approved color, which should be clearly visible at dawn or at dusk by drivers, and which said color should be changed periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers shall contain the CONTRACTOR's name and telephone number, state the CITY of Yorkville title and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY upon request. 39.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an ample and always available supply of waste stickers. The CONTRACTOR shall arrange for local retail outlets to aid in the sale of the stickers. The CITY also may act as a disposal sticker retailer for the CONTRACTOR. 48. BILLING PROCEDURES 48.1 The CONTRACTOR shall bill the City for all serviced UNITS within the City. The City shall provide the contractor with the number of occupied UNITS within the City on a monthly basis. 49. MONTHLY REPORTING 49.1 The Contractor shall prepare and submit to the City a monthly refuse,yard-waste and recycling material report, due by the 25th of the following month. The report shall include the following information for all residential scavenger service covered under this contract: 22 United City of Yorkville 49.2 Refuse-Total weight in tons and total volume in compacted cubic yards of refuse land- filled each month;Number of white goods collected each month; Tipping fee charge per ton at the landfill site; Name and location of the landfill facility and/or transfer station used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 49.3 Yard-waste- Total volume, in compacted cubic yards, of yard-waste collected; Tipping fee charge per compacted cubic yard at the compost facility; Name and location of the compost facility used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 49.4 Recyclable Material - Weekly set-out rate; Monthly participation rate(total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 50. CONSUMER EDUCATION 50.1 Upon request, the Contractor agrees to provide City residents with such educational materials as the City deems necessary. Educational materials may include notices to be left at resident's property as well as literature describing in detail the refuse, recycling and yard-waste collection program. There shall be no cost to the City or its residents for the printing and distribution of any consumer education materials. 51. TITLE TO WASTES 51.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the Contractor as soon as the same is placed in the Contractor's vehicle. 52. DISPOSAL 52.1 All refuse and yard-waste collected shall be removed from the City by the Contractor as soon as it has been collected;but in any event, not later than noon of the date following collection, and shall not be disposed of in violation of any state, federal or county laws or regulations. 53. RATES AND SPECIAL RATES 53.1 For any services required to be performed under this Contract, the charge shall not exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a part hereof. For items not otherwise provided for by the Contract document, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the Contractor and the resident customer for collection and disposal into a landfill or processing facility. 54. SPECIAL & EMERGENCY COLLECTIONS 54.1 The Contractor shall offer special curbside collection service for large quantities of refuse 23 United City of Yorkville including,but not limited to, construction and demolition debris, and move-in or move- out clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the resident customer request. The collection cost for such services shall be based upon cubic yards and the resident customer shall make payment directly to the Contractor. The Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by the City) for refuse and recycling collection during the City's annual Hometown Days, 4th of July Parade and celebration in the park, and other special events which were provided service under the previous contract. The City and the Contractor may mutually agree to emergency pick-up services for disasters including,but not limited to, flood, wind and snow. 55. SCHEDULE AND TIME OF COLLECTIONS 55.1 The City of Yorkville shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City of Yorkville, designating collection areas shall be made a part of this contract and attached hereto as Exhibit A. 55.2 The schedule shall not be changed without first obtaining consent from the City Administrator or designee, and not without giving a minimum of thirty(30) days written notice to all parties affected by the change. The City may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the City designee. The Contractor will be required to publish an advertisement twice per week in two separate weekly issues of the local newspapers, no earlier than 60 days prior to the change, with the last advertisement to be no later than fifteen (15) days prior to the schedule change. Failure of the Contractor to maintain said collection schedule shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 55.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any day during the term of the contract. The collection schedule shall not include Saturday or Sunday as a regular collection day for any area in the City. 56. HOLIDAYS 56.1 Collection normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for that week only: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 56.2 The Contractor agrees to inform the City and its residents of changes in normal collections due to holidays by notification through at least two local media outlets or establish a permanent holiday schedule or plan to be printed within the refuse literature. 57. SCHEDULE ADHERANCE 57.1 If, at any time during the term of this contract, the Contractor shall collect any section of the City on a day other than the scheduled day, the Contractor shall immediately notify the City that he is in violation of the contract. If a similar violation should occur more 24 United City of Yorkville than once within the three week period following the week of the original violation, the City will notify the Contractor by certified mail and withhold any further payment that may be due under the contract until the Contractor has furnished evidence satisfactory to the City that the Contractor has taken necessary actions and precautions to prevent further violations. The City may determine that this second or subsequent collection violation as a breach of contract, and therefore the City reserves the right to terminate the contract. Delays that are occasioned by holidays, or by daily(any 24-hour period) precipitation of four(4) inches or more of rain, or eight(8) inches or more of snow, may not be considered as violations. The City Administrator or the City's Designated Representative shall be the judge of whether delays constitute a violation, or not. 58. PLACE OF PICK-UP 58.1 The Contractor is responsible for the public streets, or properly wavered private street curbside pick-up of all residential locations as well as designated locations as requested by the City. 59. REPLACEMENT DAMAGE 59.1 The Contractor is responsible for damages resulting from its careless handling of any receptacle. The Contractor at no extra charge to the user shall replace all containers, which suffer damage caused by the Contractor. The containers so supplied shall remain the property of the CONTRACTOR. 60. COLLECTION VEHICLES 60.1 All vehicles used for collection purposes, except those exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mechanisms to load and compress the material collected. These vehicles must be modern, neat, rear, front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle's collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept closed except during collections along collection route. All equipment used by the Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times be supplied with brooms and necessary items to provide for immediate clean up of any litter or mess, which may result from leaking, spilling or blowing during collection procedures. Vehicles shall be clearly labeled with the firm's name, address, and telephone number and have a vehicle identification number printed clearly on each and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific written approval of the specific vehicle shall be required from the City's Designated Representative, after an actual demonstration of the vehicle on the streets of Yorkville. Overweight vehicles are the responsibility of the Contractor. Contractor is required to comply with weight requirements and safety requirements as established by Illinois Law or City Ordinances for vehicles, vehicle operators and specialty equipment. 61. EMPLOYEES 61.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to 25 United City of Yorkville provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her(drivers and crew members)job while on duty or in the course of performing their duties under this contract. The Contractor shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Contractor's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City Designated Representative. 62. ACCIDENT PREVENTION 62.1 Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the manual of Accident Prevention in Construction,published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 63. COMPLAINT PROCEDURE 63.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City and the Contractor will agree upon a formalized complaint form to be filled out by the Contractor each and every time a customer contacts the Contractor with a complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR(no carbon required) paper,printed and available for use by the Contractor prior to the commencement of this Contract. The Contractor will supply the City with sufficient NCR forms for logging of complaints by City of Yorkville staff. Any complaint received by the City shall be immediately communicated to the contractor. The Contractor is required to supply the City with copies of all complaint forms within five (5)business days of a complaint being made, indicating thereon the resolution thereof 63.2 The Contractor shall provide the City with name,phone number, and email address for an individual to serve as point person for purposes of City staff contact with the Contractor. 64. COMPLAINTS 64.1 Where any dispute arises between a resident/customer and the Contractor, as to the manner or placing of containers for collection or preparation of recyclable materials, or the nature of the Contract or the like,the Contractor agrees that in the specific instance collection will be immediately made even though in its opinion, the customer is in error; and that it will immediately report the same to the City's Designated Representative so that the City and the Contractor may resolve the dispute, if possible,before additional collection becomes necessary. The intent of this paragraph is to avoid disputes/disagreements between the customers and the Contractor's employees, and to permit disputes/disagreements to be handled by mutual discussion between the Contractor and the City. If a missed pick up is reported by the City or a customer to the Contractor, the Contractor shall collect the refuse,recyclable material or yard-waste from 26 United City of Yorkville such customer within on(1)business day of notification. All complaints other than missed pickups shall be resolved to the satisfaction of the City within two (2)business days. As noted above, the Contractor shall supply to the City an NCR copy of the complaint form for each and every complaint and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall cooperate with the City in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City, or failure of the Contractor to carry out any of its contractual obligations such as,but not limited to, rude treatment,messy pickups, damage to persons or property and early start-up may be due cause for the City to terminate this Contract after notice and an opportunity to be heard. 65. CUSTOMER VIOLATIONS OF CITY CODE 65.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Yorkville code provisions concerning the handling or disposal of solid waste as those same may apply to such customers. The Contractor shall report any continuance of any such noncompliance to the City. 66. NEW CUSTOMERS 66.1 The Contractor agrees to provide service immediately to all new customers, even if the new customer neglected to first notify or request collection services. The City agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 67. EXCLUSIVE GRANT/INTENT 67.1 The City agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City does,by execution of this Contract pursuant to City Code, give and grant to the Contractor, for the term of this Contract only, the sole and exclusive Class A License to collect and dispose of all residential solid wastes. The Contract shall include all residences (attached single-family and detached single-family as defined herein) and municipal facilities as required within the corporate boundaries of the City of Yorkville. This grant expressly includes the right and duty to service any land annexed to the City where new residences or municipal buildings have been constructed during the term of this Contract. Service will be provided on the same terms as set forth herein. The City shall communicate any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this Contract to obtain,throughout its term, clean, courteous, well scheduled, and well-executed collection and disposal or processing of refuse, recycling and yard-waste from properties in the City of Yorkville. While the City recognizes that any collection service involves minor customer operating problems, the intent of this Contract is to ensure that any such operating problems are minimized to the extent possible and corrected as soon as possible. 68. QUALIFICATIONS/REFERENCES 68.1 The Contractor shall provide at least five (5)references of"like"public agencies with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which municipality has implemented a volume-based program. Contractor shall complete the 27 United City of Yorkville attached Appendix 6 listing its qualifications. 69. PROPOSAL SECURITY 69.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a certified check or a bank cashier's check in the amount of five thousand dollars ($5,000), made payable to the City of Yorkville. Proposals submitted without the required security shall be rejected. After formal written notification by the City that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City in the event that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a contract and required bond, and the Contractor shall be liable for any damages the City may thereby suffer. 69.2 Proposal securities shall be released as follows: 69.3 (1) The successful Contractor's security shall be retained until the required performance bond ($500,000.00) has been furnished; (2) Proposal securities of the proposing Contractors shall be held until the successful Contractor's performance bond has been furnished, at which time the checks will be promptly returned to the unsuccessful Contractors 70. TERM OF CONTRACT 70.1 The term of the Contract will be five(5) years, and shall commence at 12:01 a.m. on May 1, 20012 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2017. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11:59 p.m. on April 30, 2019. The Contractor may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty(120) days before the termination of the existing contract. 71. STICKER REFUND 71.1 At the end of the Contract term, should the City select a different scavenger service, the Contractor agrees to refund to all customers,retailers and the City, the full purchase price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty (120) days after the end of such term. 72. PERFORMANCE BOND 72.1 The Contractor shall provide the City with a performance bond issued by a surety in an amount of$500,000. 73. EMERGENCIES 73.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or other act of God which require additional hauling equipment by the City,the Contractor's equipment shall be placed at the disposal of the City upon request for such temporary use, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 28 United City of Yorkville 74 LOCAL IMPROVEMENTS 74.1 The City of Yorkville reserves the right to construct any improvement or to permit any construction in any street, which may have the effect for a time of preventing the Contractor from traveling his accustomed route or routes for collection. The Contractor shall, however,by an acceptable method, continue to collect the refuse, yard-waste and recyclables to the same extent as though no interference existed upon the streets formerly traveled. This shall be done without extra cost to the City of Yorkville. 75. TAXES,LICENSES & PERMITS 75.1 The Contractor shall pay all sales, use,property, income, and other taxes that are lawfully assessed against the City or the Contractor in connection with the Contractor's facilities and the work included in this Contract, and shall obtain and pay for all licenses,permits, certificates of authority, and inspections required for the work. The Contractor shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 76. DEFAULT 76.1 If the Contractor fails to observe the established schedule for more than two (2) consecutive working days, and in the opinion of the City's Designated Representative, there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Contractor, that this contract shall be in default if the Contractor does not take action to re-establish the schedule within twenty-four(24)hours of said notice. If at the end of the twenty-four (24)hour period, the Contractor has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Contractor. The Contractor will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's Designated Representative, the City shall have the right to take over all equipment and facilities of the Contractor for a period of up to one-hundred-twenty(120) days from the date of notice of default. 77. STRIKES/FORCE MAJEURE 77.1 The Contractor shall be required to file proof with the City Administrator or his designee that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers. Upon execution of any new agreement, the Contractor shall forward to the City Administrator within thirty(30) days thereafter,proof that said agreement also contains a "no strike" clause. 78.2 In the event that the Contractor shall fail to collect, remove and properly dispose ofthe waste in accordance with the terms of this contract, for a period of five(5)business days or more, the CITY,may, at its option, cause such waste to be collected and disposed of by any reasonable—means available to the CITY, and the cost thereof may be charged against the Contractor and the performance bond furnished by the Contractor. The foregoing option shall not be available to the CITY if the Contractor's failure so to collect and remove waste for the period was due to unusual weather conditions, or some other"act of God," which rendered 29 United City of Yorkville such collection and removal impossible to perform. The Contractor shall not be liable for the failure to perform its duties if such failure was caused by a catastrophe,riot,war, government order or regulation, fire, accident or any similar contingency beyond the reasonable control of the Contractor. "Act of God" does not include any strike, sympathy strike, slowdown, sit- down, stoppage of work,refusal to perform overtime, mass absenteeism,refusal to cross a picket line or any other similar concerted action or intentional interruption or disruption of the operations of the Contractor by Contractor's own employees (the foregoing collectively referred to as "labor dispute"),provided,however,that in the event that the CITY exercises its option under this Article to collect and dispose of waste by other reasonable means because of the Contractor's failure to perform due to a labor dispute,the total amount charged against the Contractor by the CITY can only be an amount which is in excess of the total amount that the CITY would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the CITY in writing of any event covered by this Section and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of such delay and the obligations under this Agreement to be affected thereby 30 United City of Yorkville IV. PROPOSAL/CONTRACT FORM ***THIS PROPOSAL, WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name&Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening,to furnish any or all of the services upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified above. 31 United City of Yorkville VENDOR W-9 REQUEST FORM The law requires that we maintain accurate taxpayer identification numbers for all individuals and partnerships to whom we make payments,because we are required to report to the I.R.S. all payments of$600 or more annually. We also follow the I.R.S. recommendation that this information be maintained for all payees including corporations. Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting requirements.The information below will be used to determine whether we are required to send you a Form 1099. Please respond as soon as possible, as failure to do so will delay our payments. BUSINESS(PLEASE PRINT OR TYPE): NAME: ADDRESS: CITY: STATE: ZIP• PHONE: FAX: TAX ID#(TIN): (if you are supplying a social security number, please give your full name'! REMIT TO ADDRESS(IF DIFFERENT FROM ABOVE): NAME: ADDRESS: CITY: STATE: ZIP: TYPE OF ENTITY(CIRCLE ONE): •Individual -Sole Proprietor -Government Agency •LLP(Limited Liability Partnership) •LLC(Limited Liability Corporation) •Medical -Partnership -Charitable/Nonprofit •Incorporated -Other(Please describe) 1 SIGNATURE: DATE: 32 United City of Yorkville PROPOSER'S CERTIFICATION (page I of 3) With regard to ,proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four(4) years following completion of the contract. Proposer certifies that proposer and any subcontractors working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, contractor and subcontractor. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of 33 United City of Yorkville PROPOSER'S CERTIFICATION (page 2 of 3) Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: 34 United City of Yorkville PROPOSER'S CERTIFICATION (page 3 of 3) The partnership does business under the legal name of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 35 United City of Yorkville APPENDIX 1 GENERAL PRICE QUOTATION SHEET Please provide all costs associated with once a week,same day refuse,yard waste,leaf,and recycling collection services for each year in accordance with the following schedule: Description Year I Year 2 Year 3 Year 4 Year 5 f I i , I 1.Monthly prices for refuse,yard waste,and recycling collection program as outlined in the contract for any-size rec c tote and: 33 gallon garbage tote $ $ $ $ $ 64 gallon garbage tote $ $ $ $ $ 96 gallon garbage tote $ $ $ $ $ Z. 1Alternative service packs ge price quoiij"the same service as 01 above,with all revenues derived from the sale of recyclable products collected in the municipality paid to the City each month after they are.eollectedb the contractor. 33 gallon garbage tote $ $ $ $ $ 64 gallon garbage tote $ $ $ $ $ 96 gallon garbage tote $ $ $ $ $ 3.Other Components of Pro a Quotation Special Collections $ $ $ $ $ (charge per cubic yard) 36 United City of Yorkville APPENDIX 2 REQUIRED RECYCLABLES TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials • brown paper bags • corrugated cardboard • boxes and cartons • chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, &paper towel cores) • magazines and catalogues • mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows) • newspaper(including all supplements) • telephone books • wet strength carrier stock (to include paper board used for refrigerated and frozen items) • frozen food packages • aerosol cans • aluminum cans and foil • formed aluminum containers and wraps • aseptic packaging and gable top containers • formed steel containers • glass bottles and jars (brown, green, and clear) • plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles, jars and jugs) • all plastic containers #1 through#5 and plastic containers#7 • LDPE and HDPE soft plastic six (6) and twelve(12)pack rings • steel cans • steel paint cans and lids • household batteries Other Recyclable Materials Proposed by Contractor Ll Ll LJ 37 United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section ,h Explanation of Alternative/Deviation 38 United City of Yorkville APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Service Explanation of Collection and Telephone Number Dates Disposal Program 39 United City of Yorkville APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities, which are intended to be used for the disposal of refuse,yard waste, and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facili ty Facility Address Disposal Limitations 40 United City of Yorkville APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company(if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Signature: Date: 41 United City of Yorkville EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 42 United City of Yorkville EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Library Refuse 1-1.5 yd lx/wk 902 Game Farm Road Recycling 1-1.5 yd lx/wk City Hall and Police Refuse 1-6 yd 2x/wk Department Recycling 1-2 yd cardboard lx/wk 800 Game Farm Road Recycling(paper) 6-96 gallon toters lx/wk Public Works Recycling 1-2 yd cardboard lx/wk 610 Tower Lane Refuse 1-20 yd open lx/wk Parks and Recreation Refuse 1-20 yd open lx/wk Satellite Office at Old Recycling 1-96 gallon toter lx/wk Post Office Recycling 1-1 yd cardboard lx/wk 201 W.Hydraulic Avenue Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Administrative Recycling 2-96 gallon toter lx/wk BuildinE 301 E.Hydraulic Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Program Recycling 2-96 gallon toter lx/wk Building 131 E.Hydraulic Beecher Center Refuse 1-4yd refuse Ix/wk 908 Game Farm Road Recycle 1-2yd recycle lx/wk REC Center Refuse 1-6 yd lx/wk 202 E Countryside Pkwy Recycle 1-6 yd lx/wk All City Rentals Refuse 96 gal.toters, 33 gal. toters, 18 When Required gal.toters 30 yd open dumpster The location of the facilities, the number of facilities, their bin/tote size, and pickup schedule are subject to change throughout the lift of the contract. The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse, recycling, and yard waste, or more often if requested by the City. A comprehensive recycling program shall also be provided at no cost for the municipal facilities listed above (new or additional facilities may be added at any time during the Contract term). The Contractor shall be responsible for supplying all service equipment associated with totes and containers/dumpsters to said facilities as set forth in the Contract. 43 United City of Yorkville 44 CI't. Reviewed By: J$ 6 0 Legal ❑ Agenda Item Number Finance ❑ OB #5 EST. 1836 Engineer ❑ City Administrator a (1! Human Resources E] Tracking Number Community Development ❑ °"`° ♦'� Police ❑ ADM 2011-36 C,LE ��'� Public Works ❑ Agenda Item Summary Memo Title: Library Impact Fee Ordinance Meeting and Date: Administration—November 17, 2011 Synopsis: Discussion of reducing library impact fee. Council Action Previously Taken: Date of Action: Admin 8/18/11 Action Taken: Discussion Item Number: ADM 2011-36 Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: o Memorandum To: Administration Committee Esr. 1836 From: Bart Olson, City Administrator CC: 0� �a, p° Date: July 15, 2011 Library act Fee Ordinance °�j�Le `vti J Y Im p This item was requested by Alderman Carlo Colosimo and the Library Board. The current library impact fee is $500 per dwelling unit. That $500 is further split between$250 for books and technology, and $250 for building issues. With the construction of the new library, the Library Board is sitting on $300,000 of library building impact fees with few projects in which to use the fees. With that not expected to change over the next few years, the Library Board has asked for greater discretion in the use of fees collected in the future. The attached ordinance amends the Library Impact Fee so that future collections of the library impact fee would be able to be used on books, technology, and building items—without regard to any split between the categories (books and buildings). As stated prior, and as long as the City has non-home rule status, this ordinance applies only to fees collected in the future and as a result of an annexation agreement negotiation. Finally, City staff is working on identifying uses for the building impact fees already collected. Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING ORDINANCE 2003-31 ENTITLED "AN ORDINANCE AMENDING ORDINANCE NO. 1990-24 AN ORDINANCE SETTING FORTH THE STANDARDS AND REGULATIONS FOR PAYMENT FOR DEVELOPMENT AND EXTENSION OF UTILITY COSTS UPON ANNEXATION AND/OR PLANNED UNIT DEVELOPMENT" CLARIFYING THE USE OF FEES PAYABLE TO THE CITY LIBRARY FUND WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City has determined that new developments impose financial burdens by creating a greater need for City facilities and that the City has experienced increased difficulties in funding those facilities; and WHEREAS, fees place the obligation to fund City facilities on those who create the need for the new facilities and improve the quality of life for those residents; and WHEREAS, the City adopted Ordinance 2003-31 on June 10, 2003 amending the fees incurred by various governmental entities and the City, and hereby desire to clarify the use of those fees payable to the City Library Fund. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Section 3 of Ordinance 2003-31 adopted June 10, 2003 be and is hereby amended to read as follows: "3. The Development Fee for the United City of Yorkville Library Fund shall be five hundred dollars ($500.00) per residential dwelling unit due at the time a building permit is issued on any real property annexed, zoned and platted within the City after the effective date of this atnended ordinance, to be used for the Library building and associated capital purchases, site improvements, or other capital improvements including the acquisition of autornation/technology equipment, and for books, audiocassettes, compact disks, magazines, vehicles, or other such equipment." Section 2. That except as to the extent modified by this ordinance, all other terms and conditions of Ordinance 2003-31 are hereby ratified and approved. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR