Resolution 2004-02 RESOLUTION NO.: 04- C
RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE EMPLOYEE MANUAL
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
had previously adopted an Employee Manual and amendments thereto; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
after careful consideration deem it to be in the best interest of the City and the Community to repeal
THE UNITED CITY OF YORKVILLE Employee Manual adopted in 1995 and any amendment
thereto; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
after careful consideration deem it to be in the best interest of the City and the Community to
approve THE UNITED CITY OF YORKVILLE Employee Manual attached hereto and
incorporated herein by reference; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE,
after due consideration being given to any current employee, find that the implementation of THE
UNITED CITY OF YORKVILLE Employee Manual will facilitate efficiency and enhance the
quality of THE UNITED CITY OF YORKVILLE; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
have carefully considered said Employee Manual and deem it to be acceptable and beneficial to the
City:
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE:
1. That the City hereby repeals THE UNITED CITY OF YORKVILLE Employee Manual
of 1995 and any amendments.
2. That the City hereby approves THE UNITED CITY OF YORKVILLE Employee
Manual dated February 10,2004 until further review or modification by the United City
of Yorkville and City Council.
3. Any Ordinance, Resolution or parts thereof in conflict with the provisions of this
Resolution are hereby repealed to the extent of such conflict.
4. The various parts, sections,and clauses of this Resolution are hereby declared to be
severable. If any part, sentence,paragraph,section,or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the
Resolution shall not be affected thereby.
PASSED AND APPROVED this(0-1"day of V` )� L�A,- +- ' ,2004.
WANDA OHARE —y- JOSEPH BESCO Ahsent
VALERIE BURD _ N PAUL JAMES _Y—
LARRY KOT —�'-- MARTY MUNNS _Y_
ROSE SPEARS RICHARD STICKA Y_
k MA OR
ATTEST:
CITY E
Law Offices of Daniel J.Kramer
1107A South Bridge Street
Yorkville,Illinois 60560
630.553.9500
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EST. N ;; 1838
County Sea
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Kendall County
4E
EMPLOYEE MANUAL
Approved by City Council 2/10/04
Effective: March 1, 2004
United City of Yorkville Employee Manual Final 02-10-04
TABLE OF CONTENTS
Section 1 Introduction
1.1 Purpose and Disclaimer (Appendix A)
1.2 Applicability
1.3 City Organization and Administration of the Personnel Program
1.3.1 City Council
1.3.2 Mayor
1.3.3 Department Heads
1.3.4 Fire and Police Commissioners (Appendix B)
1.4 Definition of Employee
1.4.1 Department Heads
1.4.2 Supervisory
1.4.3 Full-Time
1.4.4 Part-Time
1.4.5 Temporary
1.4.6 Exempt Salaried Employee
1.4.7 Non-exempt Employees
1.5 Conflict with Other Regulations or Manuals
Section 2 Personnel Program and Employment Status
2.1 Recruitment, Application and Selection
2.1.1 Recruitment
2.1.2 Application
2.1.3 Selection(Appendix C)
2.2 Personnel Records
2.2.1 Maintenance of records
2.2.2 Confidentiality
2.2.3 Standardized records
2.2.4 Finance Director notification process
2.3 Probationary Period
2.4 Layoff
Section 3 Employee Conduct
3.1 Equal Employment Opportunity (Appendix D)
3.2 Anti-Harassment Policy (Appendix E—Employee Assistance Program)
3.3 Drug-Free Workplace Policy
3.3.1 Workplace Policy (Appendix F)
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3.3.2 Definition and descriptions
3.3.3 Ability to perform
3.3.4 Education and referral program
3.3.5 Employment condition
3.3.6 Disciplinary action
3.4 Drug Testing
3.5 No Solicitation
3.6 Employee Performance Evaluation
3.7 Outside Employment conditions
3.8 Gifts and Gratuities (Appendix G)
3.9 Political Activity
3.10 Workplace Inspections
3.10.1 Administrative Inspections
3.10.2 Criminal Inspections/Searches
3.11 On-the-Job Safety/Reporting of Accidents (Appendix H)
3.12 Threats, Violence and Weapons
3.12.1 Workplace Violence Policy
3.12.2 Prohibited Conduct
3.12.3 Reporting Procedures
3.12.4 Investigation and Responsive Action
3.12.5 No Retaliation
3.13 No Smoking or Tobacco Product use
3.14 Nepotism
3.14.1 Spouse/Relative of Department Heads/Elected Officials
3.14.2 Relatives of All Employees
Section 4 Use of City Equipment
4.1 Authorization to Use Equipment
4.2 Use of City Vehicles (Appendix I)
4.3 Use of Personal Vehicles for City Business
4.4 Computer and Telephone Communications Systems (Appendix J)
4.5 E-Mail Policy
4.5.1 E-Mail system usage
4.5.2 Inspection/Search procedure
4.5.3 Prohibit use pertaining to other City Policies
4.5.4 Confidentiality of personnel records/memo's
4.5.5 Unauthorized access
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4.6 Personal Use of Telephones
Section 5 Disciplinary Action
5.1 Reasons for Discipline
5.2 Discipline Procedure
5.2.1 Remediation
5.2.2 Disciplinary Procedure
5.3 Grievance Procedure
Section 6 Payroll Administration,Hours of Work and Overtime
6.1 Regular Hours of Work
6.1.1 Workday hours and lunch breaks
6.1.2 Public Works Employee "On-Call" Status, Duties, and Payment
6.1.3 Work Schedule
6.2 Shift Changes
6.3 Payroll Administration
6.4 Call-Back Pay
6.5 Overtime Scheduling
6.6 Overtime Pay
6.7 Compensation Time
6.8 Pay Adjustments
6.9 Longevity Pay
Section 7 Leave Time
7.1 Vacation Leave
7.2 Holiday Leave
7.3 Sick Leave
7.3.1 Purpose, Allowance, and Accumulation
7.3.2 Medical Verification
7.3.3 Sick Leave Utilization
7.3.4 Unused Sick Leave
7.4 Reporting of Absences
7.5 Duty-Related Injury or Illness Leave
7.6 Emergency & Bereavement Leave
7.7 Military Leave
7.8 Jury Duty Leave
7.9 Unpaid Discretionary Leave
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7.10 Family and Medical Leave
7.10.1 General Statement
7.10.2 Eligibility
7.10.3 Reasons for Leave
7.10.4 Leave is Unpaid
7.10.5 Notice of Leave (Appendix K)
7.10.6 Medical Certification
7.10.7 Medical and Other Benefits
7.10.8 Reporting from Leave
7.10.9 Reporting While on Leave
7.10.10 Intermittent and Reduced Schedule Leave
7.10.11 Policy Administration
7.10.12 Interrelation of Leaves
7.11 Benefits while on Leave
Section 8 Employee Benefits
8.1 Health and Life Insurance Coverage
8.2 Pension Participation
8.2.1 Eligibility
8.2.2 Military Service Credit (Appendix L)
8.3 Vision and Dental Assistance (Appendix M)
8.4 Continuation of Medical Coverage
8.5 Uniform Allowance
8.6 Education and Training (Appendix N)
8.7 Travel Expenses
8.8 457 Deferred Compensation Plan (Appendix O)
8.9 Employee Credit Union(Appendix P)
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Section 1 Introduction
Section 1.1 Purpose and Disclaimer
This Manual describes the current personnel policies that apply to all employees as a member of the
United City of Yorkville ("City") workforce. This Manual is designed only to introduce employees to
the City and to serve as a guide to present City policies, practices and procedures. The City has the right
to modify, amend, or withdraw any or all of the policies or procedures described in this Manual at any
time. All employees shall sign an employee acknowledgment form upon receiving this employee
manual. (Appendix A)
Although the City hopes that all employees will enjoy a long and mutually beneficial career with the
City, there is no guarantee of future employment or employment under any specific conditions. This
Manual is not an employment contract of any kind, and it does not create any rights in the nature of
employment contract,regardless of whether it has been distributed to new or existing employees,nor
does it provide any due process rights in the event of discipline or discharge. Nothing shall restrict an
employees' right to terminate their employment at any time with or without notice or cause, and nothing
shall restrict the right of the City to terminate their employment at any time with or without notice or
cause. No representative of the City, other than the Mayor with City Council approval, has any
authority to enter into any employment contract of any kind. Any contract or promise of employment
must be in writing and must be signed by the Mayor and approved by the City Council.
Section 1.2 Applicability
Unless otherwise noted, these personnel policies apply to all employees of the United City of Yorkville
government except that these policies do not apply to the following:
a. Elected Officials
b. Persons employed to make or conduct a temporary and special inquiry, investigation or
examination on behalf of the Mayor or City Council
C. Volunteer or appointed personnel who receive no regular compensation from the City
Unless otherwise specifically stated, none of the benefits referenced in this Manual apply to part-time
employees.
Unless otherwise provided for in a written contract of employment, Department Heads or other
supervisory employees are subject to this Manual. If employees are a Department Head, where
provisions discuss an employee's relationship with his Department Head,they may assume that the
Mayor has that relationship vis-a-vis themselves. If an employee has a direct relationship with the
Mayor as their immediate supervisor, such as: the City Administrator, Chief of Police, or Park and
Recreation Executive Director where provisions discuss an employees' relationship with employees'
Department Head, the employee may assume the Mayor has that relationship vis-a-vis themselves. If
they have any questions regarding how this Manual applies to them because of their position with the
City, they should contact their immediate supervisor for clarification.
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Section 1.3 City Organization and Administration of the Personnel Program
1.3.1 City Council
The City Council of the United City of Yorkville shall exercise control over personnel through the
adoption of the City's Annual Budget, Pay Plan, confirmation of the Mayor's appointment, 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 Department Heads who have a direct relationship with the Mayor as their immediate
supervisor, such as: the City Administrator, the Police Chief and the Executive Director of Parks and
Recreation.)
1.3.2 Mayor
The Mayor shall be responsible for ensuring the effective administration of the policies and procedures
and may delegate such functions as deemed necessary for the implementation of this system. The Mayor
shall perform the performance evaluations and will seek input from the City Council for the City
Administrator, Chief of Police and Executive Director for Parks and Recreation Department.
1.3.3 Department Beads
1. The Department Heads shall be responsible for directing and coordinating personnel activities of
the City on a day-to-day basis.
2. Department Heads shall establish such rules as deemed necessary to the efficient and orderly
administration of their respective departments.
3. Department Heads shall evaluate their employees annually by February 15 of each year, and
from time to time as needed, submitting their reports to their immediate supervisor by March lst
Evaluations shall be made on standardized forms as provided by the City, and shall provide a
comprehensive review of the quality of work performed by the employee. Both Department
Head and Employee shall sign evaluations.
4. Department Heads shall prepare a tentative budget before the end of each fiscal year. It shall be
presented to the Finance Director. The Finance Director will prepare the budget to be presented
to the Mayor. The Mayor will present the budget to the City Council for approval.
5. Departments Heads shall prepare Job Descriptions and recommend the selection and hiring of all
personnel to their appropriate committees when such job openings are deemed necessary and
subject to adoption by the Mayor.
6. Department Heads shall submit for approval any promotion, demotion, and discharge of all
personnel in their respective department, with the Mayor having authority for final dispensation
of all employees. However, the Mayor may seek input and advice from the City Council before
making his final decision.
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7. Department Heads shall supervise, develop and maintain the personnel system including written
forms, procedures, and records. Furthermore, whenever there is a request for a policy change or
recommendation, the Department Head shall present the request to the Mayor. Upon review the
Mayor may present the request to the City Council.
8. Department Heads shall administer the personnel policies and procedures including the
performance evaluation and the employee grievance procedures.
9. Department Heads shall perform any other lawful acts that are considered necessary or desirable
to carry out the purpose of the personnel system and the provisions outlined in this manual, or as
directed by the Mayor and City Council.
Section 1.3.4 Fire and Police Commissioners (Appendix B)
The Board of Fire and Police Commissioners performs the function of a civil service commission for all
sworn police officers. The board hires, fires, promotes and disciplines all 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 will not be hired or disciplined by the Board.
Section 1.4 Definition of Employee
Section 1.4.1 Department Heads
Department Heads are salaried on an annual basis, regardless of number of hours worked over 40 hours
per week. Department Heads do not receive overtime pay. However, if it is necessary for them to work
over the forty-hour week, they may (work requirements allowing), take time off for personal reasons.
This benefit is not to be abused. The Department Heads shall notify their immediate supervisor of such
time off and maintain a record to be made available to the Mayor and City Council upon request
Furthermore, any Department Head and/or exempt employee will be required to seek approval from
their immediate supervisor for any time off request for one day or more.
Section 1.4.2 Supervisory
Supervisory personnel are defined as members of the management group. Supervisory personnel direct
the daily work activities of unit or shift of employees. Employees shall convey late report times, illness,
or other absence, and make requests for authorized leave to the Supervisory personnel.
Section 1.4.3 Non-Exempt Full-Time
Full-time non-exempt employees are paid on an hourly basis. All full-time non-exempt employees are
expected to work 40 hours per week, unless authorized leave is approved by the Department Head or
indicated within their job description upon approval by the Mayor and City Council.
Section 1.4.4 Part-Time
An employee who is employed regularly for less than the normal number of hours is considered part-
time. These employees receive straight time for all hours, (less than forty hours in one week), are
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ineligible for benefit packages listed in this manual, and may not work more than 1,000 hours per year.
Any exceptions to the definition of part time employee must have Mayor and City Council approval.
Section 1.4.5 Temporary
Temporary employees are generally those persons employed to fill a position for less than six (6)
months duration. There is no guarantee of reinstatement for the same period during the following
calendar year. Temporary employees are not entitled to sick leave. Temporary employees are not
entitled to vacation or other similar benefits enjoyed by full-time employees. Temporary employees are
hired by the Department Head, with concurrence of the Mayor and City Council.
Section 1.4.6 Exempt Salaried Employee
An employee paid on a salary basis that works in an executive, administrative or professional capacity
determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act
(FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any
provisions of this Manual,the discipline of such employees shall be in accordance with FLSA
regulations regarding exempt salaried employees.
Section 1.4.7 Non-exempt Employees
An employee who is either paid by the hour or on a salary basis and is not in a position determined by
the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible
for overtime pay.
Section 1.5 Conflicts with Other Regulations or Manuals
In the event there is a conflict between the policies contained in this Manual and a collective bargaining
agreement, a current written individual employment agreement, or applicable rules and regulations of
the Board of Fire and Police Commissioners or the Yorkville Public Library, the terms of the agreement
or applicable rules and regulations shall apply. No one other than the Mayor, with the advice and
consent of the City Council, has the authority to enter into a contract contrary to the terms of this
Manual
Section 2 Personnel Program and Employment Status
Section 2.1 Recruitment,Application, and Selection
Section 2.1.1 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, age, national origin,
physical or mental disability, ancestry, martial status, or veteran status (except those dishonorably
discharged), all in accordance with applicable law.
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Section 2.1.2 Application
Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection
methods will be based wholly on the job related references, aptitude, and adaptability.
Section 2.1.3 Selection
Regardless of the number of applicants, selection methods shall be deemed competitive when the
qualifications required are based upon education, experience and personnel standards established for the
position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply,
and the following procedures will apply to the recruitment of all personnel:
a. When any non-exempt job vacancy occurs that has been approved by the Mayor and
City Council,the Department Head shall post the job announcement, internally and
externally, stating the title, salary range,job description, manner of application, and
closing date for application.
b. After reviewing applicant qualifications, and/or holding personal interviews,the
Department Head shall conduct a background check(Appendix C) before making the
conditional offer of employment to the applicant deemed best suited for employment with
the City. The Department Head may conduct any other required pre-employment
screening after the conditional offer of employment has been made to the applicant, such
as: medical and/or psychological test. The Department Head shall hire only applicants
who have passed all pre-employment testing. The Department Head will notify the
Finance Director of the hiring and copy the City Administrator.
C. While current full-time City employees are encouraged to apply for appointment to
positions for which they are qualified, the City reserves the right to hire external or
internal applicants for any or all vacant positions. Accordingly, position announcements
may be posted internally and/or advertised before a position is filled.
d. An employee of the City may request, or be requested, to transfer to another position
within the City.
Section 2.2 Personnel Records
Section 2.2.1 Maintenance of records
Department Heads 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.
Section 2.2.2 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.
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Section 2.2.3 Standardized forms
Personnel evaluation, absenteeism, grievances, and other job performance records shall be standardized,
and will apply to all City personnel.
Section 2.2.4 Notification process to Finance Director
With the promotion, demotion, or termination of employment of any employee, the appropriate
Department Head must file a written notice and said action with the Finance Director.
Section 2.3 Probationary Period
A formalized twelve-month evaluation and probationary period are in effect at the time of appointment
for all employees. The evaluation periods are to be treated as an integral part of the selection process.
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. The
Department Heads shall furnish an evaluation report to their immediate supervisor. The existence
and/or completion of the evaluation and probationary period do not imply that the employee has a
contractual right to continued employment with the City.
Section 2.4 Reduction in Work Force
It may become necessary to require an employee's involuntary separation from City service without pay,
due to lack of work or funds. The required number of employees may be laid off in the order of their
relative length and quality of service. However, careful consideration shall be given to maintaining a
work force reflecting the needs of the community. The City expressly reserves the right to make layoffs
in any order. Employees shall be notified by certified mail at least ninety(90) days before their
separation. Reasons for selecting the employees to be separated shall be documented and maintained on
file to support action taken. In the event of a layoff, employees laid off shall be placed on a preferential
hiring list for a period of no less than two (2) years. Re-hiring shall be in reverse order of separation,
providing that the employee laid off has the skills and ability for the job to be filled. No employee may
be reduced in rank, pay, or title for any reason other than disciplinary reasons. Reduction of rank,pay,
or title requires 2/3 vote of the City Council for all employees.
Section 3 Employee Conduct
Section 3.1 Equal Employment Policy
The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93-
18 (10-25-1993) (Appendix D). 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.
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b. No person shall,on the grounds of race, color,religion, sex, age,national origin,physical
or mental disability, ancestry, martial status, or veteran status (except those dishororably
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 shall oversee civil rights compliance.
Section 3.2 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 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, Mayor or City Clerk
Employee Assistance Program (Appendix E), Coordinator/Contact person as posted on the employee
bulletin board. The City forbids retaliation against anyone for reporting harassment, assisting in making
a harassing 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, Mayor, or City Clerk..
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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 2800
Chicago, Illinois 60661
312-353-2713
Section 3.3 Drug-Free Workplace Policy (Appendix F)
Section 3.3.1 The United City of Yorkville has adopted a Drug-Free Workplace Policy as
described in Resolution Number 93-17 (10-25-1993). It reads as follows:
Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety
and health,promote crime, lower productivity and quality and underline public confidence in the work
City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs
in the workplace. Under the federal and state Drug-Free Workplace Acts, 41 USC 701, et seq., and 30
ILCS 580/1 et seq., in order for the City to be considered a "reasonable source" for the award of federal
or state grants, it is appropriate to adopt the following policy:
Section 3.3.2 Definition and descriptions
Any location which City business is conducted, whether at this or any other site is declared to be a drug-
free workplace. All employees are absolutely prohibited from unlawfully manufacturing, distributing,
dispensing, possessing or unlawfully using controlled substances or alcohol, as defined in the federal
and state Drug-Free Workplace Acts, in the workplace. This policy does not apply to the lawful use of
prescription drugs under the supervision of a licensed healthcare professional and within the limits of a
valid prescription. An employee who has been prescribed drugs or who is taking over-the-counter
medications that come in containers with warnings about drowsiness or interference with the ability to
operate machinery, or drive safely, or otherwise perform their job duties is required to immediately
disclose to his or her immediate supervisor any medication-related work restrictions. When employees
disclose such medication related work restrictions they do not need to disclose the type of medications
that have been prescribed or the underlying medical conditions, impairments or disabilities unless
otherwise specifically directed to do so by their doctor or by their immediate supervisor that is not in
violation of any state or federal act..
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Section 3.3.3 Employee's ability to perform duties
Employees are expected and required to report to work on time in appropriate physical and mental
condition to perform duties of their jobs.
Section 3.3.4 Education and referral program
Employees have the right to know the dangers of drug abuse in the workplace, the City's policy about
them and what help is available to combat drug problems. Employees needing assistance in overcoming
drug abuse problems are encouraged to seek professional assessment, treatment support and aftercare at
appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees'
job nor will it be noted in any personnel record. However, referral to such programs in no way exempts
an employee from discipline for less than acceptable job performance.
Section 3.3.5 Employment condition
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 3.3.6 Disciplinary action
An employee who violates the terms of this policy may be subject to disciplinary action including
suspension and/or termination and may be referred for prosecution consistent with applicable local, state
and federal law.
a. The City shall take prompt disciplinary action with respect to any employee who violates
this policy. .
b. The City may require an employee who violates the terms of this policy to satisfactorily
participate in a drug or alcohol abuse assistance or rehabilitation program.
Section 3.4 Drug Testing
It is the policy of the City to conduct drug/alcohol testing where it has reason to believe that an
employee may be under the influence of alcohol, illegal drugs or other controlled substances. In
addition, any employee who is reasonably believed to have caused or contributed to an accident which
resulted in personal injury requiring medical treatment away from the scene of the accident or which
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disabled a piece of equipment shall be tested for alcohol, illegal drugs, or other controlled substances.
Further, employees employed in safety sensitive positions are subject to periodic or random testing.
Employees subject to Department of Transportation(D.O.T.) testing shall be tested in accordance with
D.O.T. regulations in addition to the testing and discipline provisions of this policy. Refusal to submit
to testing will result in disciplinary action, up to and including termination of employment.
Section 3.5 No Solicitation
Solicitation by employees shall not be permitted during working time (the time employees are
performing Department functions) in the City, or during non-working hours in areas where it will disturb
other employees who are working. Distribution or circulation of printed materials by employees shall
not be permitted any time, including working and non-working time, in working areas. Solicitation or
distribution of printed materials by non-employees is prohibited in work areas.
Section 3.6 Employee Performance Evaluation
At a minimum, yearly reviews shall be made of the employee's work performance by the Department
Heads, and reported to the Mayor. Employees may be given more frequent evaluations as circumstances
warrant. A finding of satisfactory performance is needed for advancement on the wage scale.
Section 3.7 Outside Employment
Employees may hold outside employment, including self-employment, provided such employment does
not: 1) interfere with the performance of City duties; 2) present a potential conflict of interest; 3) result
in outside work being performed during an employee's work shift; 4) involve the use of city equipment
or supplies. Employees shall be permitted to engage in outside employment only with the prior written
approval of their Department Head. If granted permission for outside employment an employee's
Department Head may revoke the permission where it appears to the Department Head that such activity
conflicts with the standards set forth above. Employees who engage in outside employment shall notify
their Department Head of the addresses and phone numbers where they can be contacted, if necessary,
for their normal work schedule, of the name of their supervisor (if applicable), and of the type of work
they are (or will be) performing.
Section 3.8 Gifts and Gratuities
a. City services are not to be rendered by any employee with the expectation or in exchange
for any gift, gratuity, discount, reward, entertainment, hospitality, loan, forbearance, other
tangible or intangible item having monetary value. This policy prohibits the receipt of
gifts by the employee's spouse or an immediate family member living with the employee
from a"prohibited" source. In addition, all employees are required to comply with the
City's Ordinance#1999-12 (Appendix G) implementing the provisions of the State Gift
Ban Act. When an employee receives any offering as a result of his or her status as a
City employee, the offering must be immediately turned over to the City's Ethics Officer,
which is the Kendall County States Attorney. The Ethics Officer will determine the
ultimate disposition of any gift or offering in accordance with the City's ordinance and
the State Gift Ban Act. Additional information about this policy maybe obtained from
the City Administrator, Ethics Officer or City Attorney.
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b. No employee in the City's service shall have any financial interests in the profits of any
contractor, service provider, or other work performed for the City, or shall personally
profit directly or indirectly form any contract, purchase, sale or service between the City
and any person or company. Any employee who violates this section shall be subject to
discipline for misconduct in office.
Section 3.9 Political Activity
a. No employee shall use his or her official position of employment to coerce or inhibit
others in the free exercise of their political rights; or engage in political activities while at
work or on duty.
b. Due to the conflict of interest created by employees holding an elected office, the taking
of an oath for any City office shall constitute an employee's resignation from City
employment unless allowed by state statutes.
Section 3.10 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 3.10.1 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 3.10.2 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.
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Section 3.11 On-the-Job Safety/Reporting of Accidents
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. (Safety Policy-Appendix H)
The following safety rules apply to all employees of the City:
a. Basic responsibility for safety rests with Department Heads and from them, to their
designated safety representatives, supervisors, and employees, but it is the responsibility
of every employee to become familiar with and adhere to all safety rules and regulations.
b. Any employee acting in a supervisory capacity shall require all employees under their
supervision to comply with all applicable safety rules and practices.
C. Any employee having knowledge of any unsafe condition or work practice shall report
such condition or practice to their immediate supervisor, departmental safety
representative, or Department Heads.
d. All employees shall use reasonable precautions in the performance of their duties and act
in such a manner as to assure maximum safety to themselves, their fellow employees and
the public.
e. All employees shall familiarize themselves with the safety rules applicable to their jobs
and shall consult with their supervisors on any safety rule or practice not understood, or
whenever work conditions present unforeseen hazards.
f. No employee shall remove or make ineffective any safeguard, safety device or safety
appliance except for the purpose of replacement, repair or adjustment.
g. Employees shall keep their work areas clean, orderly and, to the extent possible, free
from all recognized safety hazards.
h. All employees shall work in appropriate clothing, including footwear, suitable for the
type of work being performed, and shall wear or use appropriate safety devices or
personal protective equipment as provided, or directed.
i. When driving or riding as a passenger in a City-owned vehicle, or in a personal vehicle
while on City business, employees shall wear properly adjusted and fastened seat belts.
j. Employees shall comply with all applicable Local, State and Federal traffic laws when
operating a City vehicle or personal vehicle while on City business, except for police
officers when authorized in the line of duty and in accordance with departmental standard
operating procedures.
k. Any employee who suffers an on-the-job injury or illness, or is involved in an accident
while operating City equipment, a City-owned vehicle, or a personal vehicle on City
business, shall complete a report of accident on the approved report form and submit the
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form to the immediate supervisor. The form shall be completed and submitted within
twenty-four hours of the on-the-job accident, injury or illness to the extent practicable.
Individual departments may adopt any safety rules that address particular operations or hazards that exist
within that department and which are not inconsistent with the general safety rules listed above.
Any employee found to be in violation of the general safety rules or applicable departmental safety rules
may be subject to disciplinary action.
Section 3.12 Threats,Violence and Weapons
Section 3.12.1 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 3.12.2 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 parry, except for authorized law enforcement personnel, is permitted to bring
weapons or firearms onto City property (including City vehicles).
Section 3.12.3 Reporting Procedures
a. 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.
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b. 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.
C. Any report made pursuant to this policy will be treated with confidentiality to the extent
reasonably possible and appropriate.
d. 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 3.12.4 Investigation and Responsive Action
a. All incidents of alleged workplace violence will be investigated promptly by the City.
b. 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.
C. 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.
d. The City may take other actions, as it deems appropriate under the specific
circumstances, including seeking judicial action.
Section 3.12.5 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 3.13 No Smoking or use of Tobacco Products
Smoking and/or use of any form of tobacco products are prohibited within City owned public buildings.
Designated areas may be designated with approval of the Department Head and City Administrator.
Section 3.14 Nepotism
Section 3.14.1 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.
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b. This policy is intended to comply with the requirements of all applicable federal, state,
and local laws. The Mayor is responsible for the coordination, administration and
implementation of the provisions of this policy as approved by the City Council.
Section 3.14.2 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/Mayor 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 4 Use of City Equipment
Section 4.1 Authorization to Use Equipment
City equipment and supplies may be used only for authorized City purposes. No City equipment or
supplies shall be removed from City premises for personal use unless authorized by the Department
Head, City Administrator, or Mayor.
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Section 4.2 Use of City Vehicles
An employee must obtain permission from the Department Head to use City vehicles, as provided by the
City Policy (Appendix 1). Use of City vehicles (if available) are for official City business ONLY is
encouraged when City vehicles are available. Any out of pocket expenses such as parking,tolls, and
emergency repairs shall be reimbursed upon presentation of receipts.
Section 4.3 Use of Personal Vehicles for City Business
Whenever an employee is authorized to use a personal vehicle in the performance of official City duties,
the employee shall be compensated at the prevailing IRS mileage rate. All mileage compensation shall
be a result of authorized personal vehicle use approved by the employee's Department Head.
Reimbursable uses include: the use of personal vehicle to attend out-of-town functions, training
sessions, and meetings when such functions are a requirement of the employee's job or are deemed
desirable by their Department Head or the Mayor.
Section 4.4 Computer and Telephone Communications Systems
a. All computer and telephonic communications systems and all communications and
information transmitted by, received from or stored in these systems are the property of
the City and as such are to be used solely for job related purposes (Note: See Section 4.6
Personal use of telephones). The use of any software and business equipment, including
but not limited to, facsimiles,telecopiers, personal computers,handheld computers and
copy machines for private purposes is prohibited. All materials and information created,
transmitted or stored on City computer systems are the property of the City and may be
accessed by authorized City personnel. Employees shall have no ownership or
proprietary interest in the computer network, including any of the data files or
applications operating or residing on the computer network or any stand-alone computers.
No employee shall,without express authorization, copy or download any applications
from the computer network, copy or load any applications onto the computer network, or
disclose to, or allow the use of the computer network by, any third party. Furthermore,
all employees shall be required to sign an E-Mail, Voice Mail, Computer,and Office
Equipment Acknowledgement Form. (Appendix J)
b. If employees use this equipment for personal purposes they do so at their own risk.
Furthermore, all employees are not permitted to use a code, access a file or retrieve any
stored communication unless authorized to do so or unless they have received prior
clearance from an authorized supervisor. All pass codes are property of the City.
Employees may not use a pass code that has not been issued to them or that is unknown
to the City. If employees violate this policy, they may be subject to disciplinary action,
up to and including dismissal.
C. Employees must obtain written authorization from their Department Head to use City
information technology resources to access the Internet. Requests for Internet access
must be based on legitimate, business-related reasons. Employees may only use
authorized connections for Internet access. The network administrator will terminate any
unauthorized connections to the server. Department Heads who authorize access to the
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Internet are responsible for promptly notifying the City's network administrator when
Internet users terminate, change departments or no longer require Internet access.
d. To ensure that the use of electronic and telephonic communications systems and business
equipment is consistent with the City's legitimate business interests, authorized
representatives of the City may monitor the use of such equipment from time to time to
the extent permitted by applicable state and federal law. Users should not have any
expectation of privacy with respect to any materials and information created or stored on
these systems.
Section 4.5 E-Mail Policy
The City provides an electronic mail ("e-mail") system to some of its employees in order to facilitate the
communication of work-related data internally and externally in the most effective and efficient manner
possible consistent with legal requirements and established policies and procedures. In order to provide
City employees with the benefits of e-mail communications without exposing the City to the many risks
inherent in e-mail communications, the City has developed the following rules. Anyone having any
questions should contact their immediate supervisor..
Section 4.5.1 The e-mail system may be used only to process and communicate work related
data and messages.
Employees may only use e-mail for legitimate business-related communications in the course of their
assigned duties. No one may use e-mail to conduct personal business of any kind, including
downloading data from the Internet or from any other source for other than strictly work-related
purposes. All data of any nature that is entered or received through any City computer including all e-
mail messages are and will remain City property. None of the data or messages may be used for any
purpose not related to City business. Furthermore, no data or messages shall be sold, transmitted,
conveyed or communicated in any way to anyone outside of the City without the express written
authorization of an officially-designated City representative.
Section 4.5.2 City computers and all data and e-mail messages on City computer systems are
subject to inspection and search by the City.
In the course of their duties, City systems operators, Department Heads, Supervisors, and/or approved
consultants may monitor employee use of the e-mail system and review the contents of data or messages
within the e-mail system.
Section 4.53 The creation or transmission of any data or e-mail message that may be
construed to violate the City's "Harassment-Free Workplace" policy or "Equal
Employment Opportunity" policy is strictly prohibited.
This prohibition includes sexually explicit or offensive messages, cartoons or jokes, ethnic or religious
slurs, racial epithets or any other statement or image that might be construed as harassment or
disparagement on the basis of race, color,religion, sex,national origin, age, disability, marital status, or
any other status protected by law.
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Section 4.5.4 E-Mail may not be used to transmit disciplinary messages or statements
regarding individual employees.
All such negative messages must be kept strictly confidential and therefore may not be communicated
via e-mail in any form whatsoever. For many of the same reasons, performance evaluations may not be
conducted or transmitted via e-mail.
Section 4.5.5 Unauthorized access of e-mail, use of other employees' passwords and disclosure
of other employees' passwords is strictly prohibited.
Unauthorized use of codes or passwords intended to gain access to other employees' e-mail accounts is
prohibited. Likewise,the unauthorized disclosure of other employees' passwords is prohibited.
As a condition of employment and continued employment, all employees are required to sign an e-mail
acknowledgement form. (Appendix J)
Section 4.6 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 5 Disciplinary Action
Section 5.1 Reasons for Discipline
Employees of the United City of Yorkville are expected to perform satisfactorily their assigned duties. It
is the duty of the Department Heads to oversee conduct and work performance of said employees within
their respective departments. Unless otherwise set forth under a written contract of employment or
unless provided otherwise by the Board of Fire and Police Commissioners, employment with the City is
at-will, and employees can be discharged with or without cause, at any time at the sole discretion of the
Mayor. Reasons for disciplinary action may include, but are not limited to, the following:
a. Incompetence, negligence, inefficiency, or failure or inability to perform assigned duties.
b. Abusiveness in attitude or language, or in conduct resulting in physical harm, injury or
harassment to City employees or the public.
c. Violation of City drug and alcohol policies.
d. Violation of any lawful or official regulation, order or rule, or failure to comply with any
lawful direction given by your superior.
e. Conviction of a felony or any criminal misdemeanor set forth in Section 10-1-7 of the
Illinois Compiled Statutes.
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f. Causing damage to public property or waste of City supplies through negligence or willful
misconduct, or failure to take reasonable care of City property.
g. Falsifying employment applications or City records.
h. Absence from scheduled work without prior authorization
i. Claiming sick leave under false pretenses.
j. Absence without leave for a period of three (3) days (an involuntary resignation), or a
failure to report after leave of absence has expired or has been disapproved, revoked, or
canceled by the employee's superior.
k. Work history shows excessive or chronic absenteeism.
1. Insubordination.
m. Any other reason as determined by a Supervisor, Department Head, or Mayor.
n. Failure to comply with established safety rules.
These examples are not all-inclusive, and other conduct not specifically covered above may result in
disciplinary action depending upon the circumstances.
Section 5.2 Discipline Procedure
The City is committed to assisting all employees who are not performing their job duties at expected
standards. The City shall take any or all of the following steps in developing a "remediation plan" for
employees with performance problems, although remediation may not be appropriate for all employees.
The City, in its discretion, will determine when remediation will be made available to an employee, as
well as what steps shall be included in a remediation plan.
5.2.1 Remediation
Notice and a chance to improve. Department Head shall inform the employee of his performance
problems or shortcomings, and provide a reasonable opportunity to improve.
Specific Information. Department Head shall let the employee know exactly what the problem is, and
set up an improvement program that calls for specific actions by stated deadlines. Furthermore,the
Department Head may recommend that the employee contact the Employee Assistance Program.
Maintenance of Records. Early warnings may take the form of verbal counseling; further warnings
shall be in writing and these warnings are performance based warnings. Department Head shall place
copies of any performance based warnings in the employee's personnel file. Employees shall be given
the opportunity to sign warnings. Signing does not constitute the acceptance of such warning, but
acknowledges employee is aware of the warning. Performance based warnings will be reviewed every
365 days or one year after issuance. If the employee has improved, the warning may be removed from
his/her file and sealed.
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Provide a reasonable time to improve. When setting the deadline for improvement,the Department
Head shall determine what would be a reasonable time considering the problem and circumstances.
5.2.2 Disciplinary Procedure
Procedure for Disciplinary Action or Terminated Review. All employees who have been notified of
performance problems and directed to improve and correct such problems may be subject to discipline
or discharge for the failure to do so or where further performance problems arise. Sworn employees are
subject to the requirements of the Board of Fire and Police Commissioners Act. An employee can be
suspended any time, with intent to discharge, without regard to the preceding steps, if he or she commits
an offense for which immediate discharge is specified as a penalty or if, in the Department Head's
judgment, the employee's continued presence would be contrary to the well being of the City or any of
its employees. Until action by the Mayor is taken the employee shall be suspended with pay. The
Mayor may seek advisory input from the City Council in regards to significant disciplinary action or
terminated review for full time employees before making final determination.
Purpose. The primary purpose of the disciplinary system is to correct improper behavior, not to impose
penalties. The City expects its Department Heads and Supervisors to recognize situations where
disciplinary measures are the most appropriate means to the end.
Perspective. Discharge is an ultimate means to correct a problem, when all else has failed. An
employee, whose behavior or poor performance is due to lack of knowledge or experience, should
receive training and assistance, not discipline.
First Violation. Counsel the employee and issue a verbal warning. The Department Head and/or
Supervisor shall notify the employee that he or she is receiving a formal warning. The Department Head
and/or Supervisor shall place an informal memo in the employee's history file with the employee's
knowledge. The Department Head and/or Supervisor shall also inform employee of the contents of that
memo.
Second Violation. The Department Head and/or Supervisor shall hold a meeting with the employee, at
which time the nature of the offense will be explained, and the employee shall be warned that any
repetition could lead to the suspension or discharge of the employee. The Department Head and/or
Supervisor shall offer help to the employee in solving the problem. A formal written warning shall be
issued concerning the prior incident. One copy shall be given to the employee and one copy shall be
placed in the employee's file.
Third Violation. The employee shall be suspended up to five (5) days without pay upon approval by
the City Administrator, Chief of Police or Executive Director of Parks and Recreation. The employee
shall be warned that a single further offense may be grounds for suspension up to thirty days or
discharge. Upon the third violation, the Mayor and City Council shall be notified.
Fourth Violation. The employee shall be given a suspension more than five (5) days up to thirty (30)
days or discharged, observing the procedures in this manual for processing an involuntary termination.
The Mayor, if time allows with advice from the City Council shall approve any suspension
recommended by the City Administrator, Chief of Police, or Executive Director of Parks and Recreation
that is more than five (5) days without pay.
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Section 5.3 Grievance Procedure
A grievance is defined as any expressed difference, dispute or controversy between an employee and the
City, concerning the circumstances and conditions that concern the working relationship or work
environment, however discipline and discharge procedures are not subject to review under the grievance
procedure. If an employee has any complaint that cannot be handled orally by consultation with his
immediate supervisor, they may submit in writing within fifteen(15) calendar days, his grievance to
both the Department Head and the City Administrator, for review by the City Administrator. When the
City Administrator has reached a decision regarding the resolution of the problem a letter or memo shall
be sent back to the Department Head and to the employee within thirty (30) calendar days. In the event
the employee is not satisfied with the resolution proposed by the City Administrator, the employee may
request within twenty-one (21) calendar days an independent review by the Mayor. The Mayor will
respond in writing to the employee, the employee's immediate supervisor, Department Head, and City
Administrator, within thirty (30) calendar days. Any action taken by the Mayor will be final. This
grievance procedure does not include any employee who is covered by a collective bargaining
agreement unless specifically specified within the agreement.
Section 6 Payroll Administration, Hours of Work and Overtime
Section 6.1 Regular Hours of Work
Section 6.1.1 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 '/z hour lunch break, except sworn police officers who's workday will be determined by the
Chief of Police. Lunch breaks for all City administrative offices shall be scheduled not to disrupt City
services.
Section 6.1.2 Public Works employee "On Call" status, duties, and payment
Employees will be required for"On Call" duties to maintain the city public infrastructure. 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 6.1.3 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.
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Section 6.2 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 6.3 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 $1.00 withheld from the
first paycheck of each month for their contribution to the health insurance costs.
(Participating plan.) This fee is subject to change upon a review and approval by the City
Council with a ninety (90) day notice to the employees that the City Council is reviewing a
proposal to change plans or fee structure before approval.
c. Insurance reimbursement checks shall be issued with all other vendor checks only after
approval by City Council.
d. Department Heads or their designee shall distribute payroll checks.
e. All dental and vision assistance request must be given to the Accounting Clerk by April 30 of
the current year except as stated in Section 8.3b Rollover Dental/Vision Policy.
f. All the above shall apply unless extraordinary circumstances prevent them from occurring.
g. Hourly pay is defined as base pay plus all stipends.
Section 6.4 Callback Pay
All full time 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 Mayor.
Section 6.5 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.
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Section 6.6 Overtime Pay
a. 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.
b. 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 6.7 Compensation Time
a. The City encourages the use of compensatory time, provided the net result is a saving of
wage expenditures.
b. Compensation time for non-exempt employees is earned at the rate of P/z hours for each
hour of overtime worked.
C. 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.
d. There is a cap of 240 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 (3 0) day
written notice to their Department Head.
e. Upon termination of employment, the employee will receive cash compensation for any
accrued comp time remaining.
f. 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 6.8 Pay Adjustments
a. 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, (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
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United City of Yorkville Employee Manual Final 02-10-04
addendum to this Personnel Policy. This addendum may be updated from time to time to
reflect City Council approved adjustments.
b. A new employee hired within six (6) months before a wage increase may not be eligible
for such wage increase until satisfactory completion of a six-month period of time.
Section 6.9 Longevity Pay
Longevity stipend will be made to all full-time exempt and non-exempt, non-bargaining employees
based on the below schedule. This stipend is added to the annual salary for non-exempt employees and
exempt employees will receive the stipend on the 1St 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 7 Leave Time
Section 7.1 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.
First year employees shall not receive a vacation until the completion of one year of
employment, unless otherwise approved by the Mayor and City Council.
One (1) year through five (5) years - (80 hours)
Six (6)years through ten (10) years - (120 hours)
Eleven (11) years or more - (160 hours)
C. Employees earning eighty (80) or more hours vacation may take up to forty (40) hours
vacation as pay, subject to the approval of the Department Head.
d. Vacations are normally requested in forty (40) hour increments. Eight (8) hours of
vacation leave may be taken in single days 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 28th
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. Provided the employee has made a reasonable effort to take vacation time, but such time
was denied due to scheduling problems, one week of unused vacation time may be
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United City of Yorkville Employee Manual Final 02-10-04
carried over into the next year, or the employee shall receive pay for the unused vacation.
The Department Head shall make this decision.
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 7.2 Holiday Leave
a. Holiday pay shall be paid to all full-time employees.
b. 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.
C. All sworn, non-exempt, full-time employees' Holiday Pay will be covered as outlined in
the police collective bargaining agreement.
d. Public Works employees called in to work on a 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.
e. 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
f. 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 7.3 Sick Leave
Section 7.3.1 Purpose, Allowance, and Accumulation.
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
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United City of Yorkville Employee Manual Final 02-10-04
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. Employees shall accrue eight (8) sick leave hours per month
to a maximum accrual of 960 hours.
Section 7.3.2 Medical Verification.
The City may, at its discretion, require an employee to submit a physician's verification
of illness or other conclusive evidence of illness, and such verification normally will be
required for illnesses requiring the use of more than twenty-four(24)hours of sick leave.
Section 7.3.3 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. Abuse of sick leave shall be
considered grounds for disciplinary action. Absent employees who have exhausted their
accumulated sick leave shall not be compensated for further absences unless approved by
the City Council.
Section 7.3.4 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 30"' 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 IMR.F 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 7.4 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 prune 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.
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United City of Yorkville Employee Manual Final 02-10-04
Section 7.5 Duty-Related Illness or 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 7.6 Emergency and Bereavement Leave
Time away from the job due to emergencies will be granted at the discretion of the Department Head.
The Department Head shall make the decision whether non-exempt employees shall receive paid or
unpaid time off, or shall be required to make up missed time. Exempt or Supervisory employees shall
be permitted to take emergency leave at the discretion of the Mayor or 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 7.7 Military Leave
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 7.8 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.
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United City of Yorkville Employee Manual Final 02-10-04
Section 7.9 Unpaid Discretionary Leave
Employees may obtain a leave of absence. The employee must'seek approval for an unpaid discretionary
leave from the Mayor and City Council. Such leave shall be unpaid and shall not be used to gain
employment elsewhere.
Section 7.10 Family and Medical Leave
Section 7.10.1 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 7.10.2 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 7.10.3 Reasons for Leave
a. A leave may be requested for any of the following reasons: (1) Child Care. To care for a
child bom to or placed for adoption or foster care with an employee; (2) Family Medical.
To care for a spouse, child, or parent ("covered family member") with a serious health
condition; or(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.
b. 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 7.10.4 Leave is Unpaid
a. FMLA leave is 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 Ieave. If an employee requests Employee Medical Leave, any accrued
paid vacation,personal and applicable sick leave (in that order) 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.
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United City of Yorkville Employee Manual Final 02-10-04
b. 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 7.10.5 Notice of Leave
If an employee's need for FMLA leave is foreseeable, the employee must give the City at least thirty
(30) days prior written notice. Failure to provide such notice may be grounds for delay of leave. Where
the need for leave is not foreseeable, the employee is expected to notify the City as soon as practicable,
generally within one to two business days of learning of the employee's need for leave. A request must
be made in writing on the City's forms (Appendix K), available in personnel.
Section 7.10.6 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 7.10.7 Medical and Other Benefits
a. 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.
b. 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.
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United City of Yorkville Employee Manual Final 02-10-04
Section 7.10.8 Returning from Leave
a. 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.
b. 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 7.10.9 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 7.10.10 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 7.10.11 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 7.10.12 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 7.11 Benefits While on Leave
a. 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
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United City of Yorkville Employee Manual Final 02-10-04
covered by the City's health or life insurance, he or she will be responsible for payment
of the total monthly insurance premiuins unless otherwise provided by law.
b. 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.
C. 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.
d. 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.
e. 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.
Section 8 Employee Benefits
All employees will be required to notify the employer of any changes in address or other
personal information.
Section 8.1 Health and Life Insurance Coverage
a. All full-time and eligible part-time employees are covered under the City's health
insurance plan. There may be a 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 $1/month
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) day written notice of any proposed change.
b. 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.
C. Summary plan descriptions (SPD's), which explain coverage of your health and life
insurance benefits in greater detail are available from the Accounting Clerk. The actual
plan documents, which are available by making a written request to the Accounting
Clerk, 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.
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United City of Yorkville Employee Manual Final 02-10-04
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 ninety (90) day notice, when practical in accordance with applicable law.
Section 8.2 Pension Participation
Section 8.2.1 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 to which the City and employees shall contribute.
Section 8.2.2 Military Service Credit (Appendix L)
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 8.3 Vision and Dental Assistance
Employees and dependents shall receive the following vision and dental assistance in total. The
amounts listed below may be increased from time to time by resolution. Please check current records.
Employee .........$300 per year
Dependents.......$250 per year per dependent
Note: An employee may opt to utilize an eligible coverage for himself or herself and/or his or her
tp
dependents, for one or more individuals of his family.
a. Bills must be paid by employee, and the employee will be reimbursed. Reimbursement
requests must be submitted to the Department Head for approval.
b. Employees may rollover remainder dental/vision funds for a time span of three (3) fiscal
years to allow them to use the benefits cumulatively. (Appendix M) The maximum
dollar amount an employee may keep accumulated is $3000.
Section 8.4 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.
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United City of Yorkville Employee Manual Final 02-10-04
Section 8.5 Uniform Allowance
The City shall provide uniforms for all full-time and eligible part-time employees, required to wear
uniforms. Replacement shall be provided, as authorized by the Department Head. The specifics of
uniform style shall be defined in Departmental Policy and approved by the City Council.
Section 8.6 Education and Training
a. 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.
b. All requests by an employee for the enrollment to a college degree or certificate program
must be submitted by the Department Head to the Mayor and City Council for approval.
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. Furthermore, the employee shall provide a grade or
transcript to the Department Head upon the completion of each course. Any revisions 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.
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. 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.
e. All Department Heads will complete the Off-Premises Training Hours Worked
Agreement form (Appendix N) for all employees who attend training outside the Chicago
Metropolitan area.
f. If arrangements can be made with company or institutions that are more advantageous to
the City, efforts will be made to benefit from those arrangements. Employees taking off-
shift classes that are required shall be paid at their regular rate of pay, including mileage.
g. When seminars are deemed in the best interest of the City by the Department Head and
the appropriate City Council Committee, only Committee approval is needed to send an
employee to the seminar and pay expenses incurred. However, if the seminar or
conference is stated within the narrative of the budget this constitutes approval.
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United City of Yorkville Employee Manual Final 02-10-04
In addition, all out-of-state travel for meetings/seminars/training/conferences that have
numerous locations the Department Head must select the most cost effective destination.
For any request that is not included within the narrative of the budget the Department
Head must receive approval by the Mayor and the appropriate City Council Committee.
h. Educational stipends will be paid for education in their related field over that required for
entry level of that position as follows for all full-time non-bargaining employees:
Associate Degree or 60 Credit Hours 2%
Bachelor's Degree 2%
Master's Degree 2%
This stipend is applicable only to one (1) degree beyond that necessary for entry level of that position
except that all are eligible to earn up to the Bachelor Degree level as outlined above (one-time annual
salary adjustment.)
Section 8.7 Travel Expenses
Meals and Lodging. Employee's lodging and meal expenses shall be covered as a maximum
reimbursement per diem while traveling on City Business. A Department Head will submit a per diem
request prior to the event with his/her signature to the Accounting Clerk for bill list issuance of a check
of the receipts may be submitted after the event for reimbursement of the actual amount spent up to a
maximum of$40 per day for meals. Per Diem will not be paid for a meal included with the price of
registration of the event. The $40.00 per day allowance for meals will be broken down as follows:
$10.00 for breakfast, $10.00 for lunch, and $20.00 for dinner. Lodging will be set at a
standard/Government/conference rate not to exceed $150.00 per night and prior approval from the
Department Head must be obtained for any and all increases to this amount for lodging. The Meals,
Mileage and Lodging form must be submitted, but if the amounts are greater than the above, receipts
must accompany the form and have the Department Head's approval.
Section 8.8 Internal Revenue 457 Deferred Compensation Plan (Appendix O)
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 Resource Clerk to receive and complete
the appropriate documents to enroll in the plan.
Section 8.9 Employee Credit Union (Appendix P)
The City offers for all employees to participate and become members of the Aurora Earthmovers Credit
Union. The City,will assist in any necessary or required deductions and payments to the Aurora
Earthmovers Credit Union for any of the employees who become members. The employee contacts the
Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan.
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United City of Yorkville Employee Manual Final 02-10-04
APPENDICES
A. Employee Manual Acknowledgement Form
B. Board of Fire and Police Commissioners—Ordinance 92001-40
C. Employment Background Check Wavier and Release of All Claims Form
D. Equal Employment Policy—Resolution# 1993-18
E. Employee Assistance Program Resolution#1996-10
F. Drug Free Workplace Policy—Resolution# 1993-17
G. State Gift Ban Act—Ordinance#1999-12
H. Safety Policy Resolution#1997-08
I. Vehicle Policy -Approved 12/8/00
J. E-Mail, Voice mail, Computer and Office Equipment Acknowledgement Form
K. Family Medical Leave Act Leave Request Form
L. Illinois Municipal Retirement Fund Service Credit for Military Service - Resolution#2001-31
M. Accrual of Dental and Vision Benefits—Resolution#2001-23
N. Off-Premise Training Hours Worked Agreement
O. Internal Revenue Code 457 Deferred Compensation Plan for Employees—Resolution#1994-16
P. Credit Union—Resolution#1996-02
Listing of Appendices
APPENDIX A
EMPLOYEE ACKNOWLEDGMENT FORM
EMPLOYEE ACKNOWLEDGEMENT FORM
I acknowledge having received a copy of the United City of Yorkville's Employee Manual and I
agree to read and become familiar with its contents. I understand that this Manual is not an express
or implied contract of employment and that it does not create any rights in the nature of an
employment contract. Rather,this Manual is an overview of personnel policies related to my
employment. Nothing shall restrict my right to terminate my employment at any time and nothing
shall restrict the right of the City to terminate my employment at any tune. I also understand that
all the policies, rules, and regulations in the Manual may be changed from time to time.
Employee Signature
Employee's Printed Name
Date of Acknowledgement
Revision Date of Manual:
APPENDIX B
ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS
ORDINANCE#2001-40
AN ORDINANCE CREATING A BOARD OF FIRE AND POLICE COMMISSIONERS
FOR THE UNITED CITY OF YORKVILLE.
WHEREAS, based upon the results of the current Census taken in the fiscal year 2000-2001
confirmed by the Federal Government,the population of the United City of Yorkville now exceeds
5;000 inhabitants; and .
WHEREAS, pursuant to 65 ILCS 5/10-2.1-1 et. seq. it is required pursuant to the Illinois
Municipal Code that a Board of Fire and Police Corilmissioners be created for the purpose of
regulating and providing the hiring, discipline, negotiation of contracts, and all matters relevant to a
Municipal Police and/or Fire Department if such exists; and
WHEREAS, the United City of Yorkville has a full-time Municipal Police Force, but does
not have a Municipal Fire Department that will come under the jurisdiction of the Board of Fire and
Police Commissioners; and
WHEREAS, the City Council of the United City of Yorkville and the Mayor are required to
appoint an initial Board of Fire and Police Commissioners, based upon the nomination of the
Mayor, consent of the City Council, and qualification of office by execution of the appropriate
Affidavit as .is required by Statute complying with the terms of qualification for said appointment;
and
WHEREAS, all statutory notices, time frame, and other actions necessary for the creation
and adoption of the Board of Fire and Police Commissioners have been taken by the United City of
Yorkville; and the City Council and Mayor having reviewed the contents of this Ordinance and
deeming it in the best interest of the United City of Yorkville to adopt and approve:
NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of
those so voting the following action is hereby Ordained and enacted by the United City of
Yorkville:
SECTION 1: CREATION
That a Board of Fire and Police Commissioners is hereby created to manage the affairs of the
Municipal Police Department of the United City of Yorkville, to provide rule-making for the
operation of said Department; to assume all duties of hiring, discipline, retirement regulation and
the like for the successful operation of the United City of Yorkville Municipal Police Department.
The Chief of Police will remain a position appointed by the Mayor with the advice and consent of
the City Council and will not be hired or disciplined by the Board of Fire and Police
Commissioners.
SECTION 2: TERM
The Mayor of the United City of Yorkville, with the consent of the City Council shall appoint three
members to said Police Board within thirty days (30) of the passage of this Ordinance pursuant to
section 5/10-2.1-2 of the Illinois Municipal Code. One member shall serve by appointment until the
end of the current fiscal year of April 30, 2002 one appointed member shall serve until the
conclusion of the next City Municipal fiscal year concluding on Apri130, 2003; and the third
member shall be appointed for a term that shall cease on April 30, 2004. Thereafter at the next
successive appointment for each respective office, the Commissioners so appointed shall be
appointed for a three year term by the Mayor with the consent of the City Council.
APPENDIX B
ORDINANCE 42001-40—BOARD OF FIRE AND POLICE COMMISSIONERS
SECTION 3: QUALIFICATIONS OF OFFICE
Upon appointment as a Commissioner to the United City of Yorkville Board of Fire and Police
Commissioners, the individuals so taking office shall execute an Affidavit under oath prior to
taking office setting forth the following qualifications in order to serve as a Commissioner on the
Board of Fire and Police Commissioners pursuant to the Illinois Municipal Code:
A. Affiant has not been convicted of a felony under the laws of this State or any comparable
laws of any other State or the United States.
B. Affiant shall not be related either by blood or marriage up to the degree of first cousin to
any elected official of the United City of Yorkville.
C. Affiant is aware that no more than two members of the Board of Fire and Police
Commissioner shall belong to the same political party existing in the Municipality at the
time of the appointment as defined in Section 10-2 of the Illinois Election Code, or of any
State or National Political Party.
D. Affiant may not be employed by, or hold an appointed or elected office of the Municipality
of the United City of Yorkville while serving as a member of the Board of Fire and Police
Commissioners.
E. Affiant must be a registered voter of the Municipality of the United City of Yorkville and
have resided with the United City of Yorkville and qualified as an elector for at least one
year prior to appointment as a Commissioner.
F. Affiant shall not be interested directly or indirectly, in any contract, work or business of the
Municipality or sale of any article of goods, services, or contract of any kind to or with the
Municipality of The United City of Yorkville.
G. Affiant may not be a purchaser, or seller of any real property to the Municipality or be
involved in the purchase or sale of real estate for delinquent real estate taxes within The
United City of Yorkville.
SECTION 4: SAVINGS CLAUSE
To the extent that this Ordinance is in conflict with any presently existing Ordinance or portion
thereof; such prior conflicting Ordinance or part thereof is hereby repealed. The repeal of any
Ordinance by this Ordinance shall not affect any right accrued or liability incurred under such
repealed Ordinance.
SECTION 5: SEVERABILITY
Should any provision of this Ordinance be declared invalid by a court of competent jurisdiction, the
remaining provisions will remain if full force and effect the same as if the invalid provision has not
been a part of this Ordinance.
SECTION 6: EFFECTIVE DATE,
This Ordinance shall be in full force and effect July 12, 2001 from and after its passage and
approval by the Mayor and City Council.
APPENDIX B
ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS
JAIN WITNESS WHEREOF,this Ordinance has been enacted this lAhy of
.2001.
MOM ANDERSON LA JOSEPH BESCO
VALERIE BURD PAUL JAWS
LARRY KOT MARTY MUNNS
ROSE SPEARS. RICHARD STICKA
APPROVED y me,as Mayor of the United City of Yorkville,Kendall County,Illi�ais,this
day of AD. 2001. '
YOR
PASSED b th Ci Council of the United City of Yorkville,Kendall County.Illinois this
Day of V �;A.D.2001.
Atte
CTTY hERK
Prepared by:
Law Offices of Daniel J.Kramer
1107A S.Bridge Street
Yorkville, Illinois 60560 ..
630.553.9500
APPENDIX B
ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS
AFFIDAVIT OF PROSPECTIVE COMMISSIONER FOR
UNITED CITY OF YORKVILLE BOARD OF FIRE AND POLICE COMMISSION
NOW COMES the undersigned Affiant, being first duly sworn on oath, who in support of
the Affiant's nomination as a Commissioner of the United City of Yorkville Fire and Police
Commission does state as follows:
A. I have not been convicted of a felony under the laws of this State or any comparable laws of
any other State or the United States.
B. I am not related either by blood or marriage up to the degree of first cousin to any elected
official of the United City of Yorkville.
C. I am a member of the following political parties:
I acknowledge the requirement of Illinois Law that provides that no more than two members
of the Board of Fire and Police Commissioner shall belong to the same political party
existing in the Municipality at the time of the appointment as defined in Section 10-2 of the
Illinois Election Code, or of any State or National Political Party.
D. I am not employed by the United City of Yorkville. I do not hold an appointed or elected,
office in the United City of Yorkville. I acknowledge that I cannot be employed by or hold
appointed or elected office in the United City of Yorkville while serving as a member of the
Board of Fire and Police Commissioners.
E. I am a registered voter in the United City of Yorkville and have resided with the United
City of Yorkville, qualified as an elector, for at least one year prior to my appointment as a
Commissioner.
F. I am not interested directly or indirectly, in any contract, work or business of the
Municipality or sale of any article of goods, services, or contract of any kind to or with the
United City of Yorkville.
G. I am not a purchaser or seller of any real property to the United City of Yorkville and I am
not involved in the purchase or sale of real estate for delinquent real estate taxes within the
United City of Yorkville.
1 further hereby acknowledge and. confirm that the contents of the above Affidavit are true
and correct and have fully disclosed any qualification that would prohibit me from acting as a
Commissioner of the United City of Yorkville Board of Fire and Police Commissioners.
Date: Affiant:
APPENDIX B
ORDINANCE#2001-40—BOARD OF FIRE AND POLICE CONINUSSIONERS
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
The Affiant, .being first duly sworn on oath, deposes and states that he/she is the Affiant who
signed the foregoing Affidavit; that he/she understands the contents thereof, and the same are true
and correct.
AFFIANT
Subscribed and sworn to before me,
NOTARY PUBLIC
APPENDIX C
CRIMINAL BACKGROUND CHECK WAIVER AND RELEASE OF ALL CLAIMS FORM
CRIMINAL BACKGROUND CHECK
WAIVER AND RELEASE OF ALL CLAIMS FORM
Please read this form carefully and be aware that by agreeing to allow the United City of Yorkville
to investigate your criminal background, you will be waiving and releasing all claims for damages
you might sustain arising out of the criminal background check and review.
I understand that a successful criminal background check is a condition of my employment or
volunteerism with the City of Yorkville.
I agree to waive and relinquish all claims I may have against the City of Yorkville and its officers,
agents, servants, and employees, as a result of participating in the criminal background check.
I do hereby fully release and discharge the City of Yorkville, its respective officers, agents,
servants, and employees from any and all claims from damages which I may have or which may
accrue to me on account of the results of any aspect of the criminal background check.
I have read and fully understand this Waiver and Release of All Claims.
Signature Date
Printed Name
Please complete
First Name Middle Name Last Name
Maiden Last Name
Date of Birth Sex Race
Social Security Number
Driver's License Number State
APPENDIX D
RESOLUTION#93-18 -EQUAL EMPLOYMENT POLICY
RESOLUTION#93-18
UNITED CITY OF YORKVILLE EQUAL EMPLOYMENT POLICY
NOW THAT IT BE RESOLVED THAT THE CITY OF YORKVILLE
1. Adopts the attached EQUAL EMPLOYMENT POLICY.
2. Authorizes the City Administrator to implement this policy and enforce its
provisions.
THE UNITED CITY OF,THE VILLAGE OF YORKVILLE..
Appwvo thus a:tL day of - 1993.
T
MAY R
CITY CLERK
UNITED CITY OF YORKVILLE
EQUAL EMPLOYMENT POLICY
It is the policy of the 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 U.S.C. § 2000), and all
State Civil Rights Legislation.
No person shall, on the grounds of race, sex, religion, color, national origin, age, or handicap be
excluded from participation in or be subjected to discrimination in any program or activity funded,
in whole or in part, by Federal funds.
The City Administrator shall oversee civil rights compliance.
APPENDIX E
RESOLUTION 91996-10-EMPLOYEE ASSISTANCE PROGRAM
RESOLUTION#1996-10 (APPROVED APRIL 25, 1996)
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO MERCY CENTER
EMPLOYEE ASSISTANCE PROGRAM CONTRACT AGREEMENT WITH THE
UNITED CITY OF THE VILLAGE OF YORKVILLE
WHEREAS, MERCY CENTER HEALTH CARE SERVICES, offers an Occupational
Health Services Employee Assistance Program; and
WHEREAS,this program is to provide assistance to Employers and their Employees to
assist, counsel and support Employees who have personal problems that mayor may not effect
their job performance; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF THE
VILLAGE OF YORKVILLE after reviewing such an Occupational Services Program believe it
is in the best interest of the Employees of THE UNITED CITY OF THE VILLAGE OF
YORKVILLE and the Citizens of the VILLAGE OF YORKVILLE that the CITY OF
YORKVILLE enter into such an Agreement; and
WHEREAS, the City Council and the Mayor believe that such a program will serve the
best interest of the community in that it will allow Employees of the CITY OF YORKVILLE to
meet the services that they need to assist them and to adjust to these problems and maintain a
good work record and be able to more fully address the job duties with THE UNITED CITY OF
THE VILLAGE OF YORKVILLE; and
WHEREAS,this Program provides for a financial benefit in that it provides reduced rates
then those of an individual who would seek such services on their own, and therefore is a savings
to the CITY OF YORKVILLE overall; and
WHEREAS, allowing Employees to seek help for problems through this program will
greatly assist the City in maintaining a high level of Employee moral and also maintaining a
level of benefits to keep the Employees at a maximum level of service to THE CITY OF
YORKVILLE:
NOW THEREFORE THAT IT IS RESOL VED BY THE UNITED CITY OF THE
VILLAGE OF YORKVILLE that the Mayor is authorized to enter into the Employee Assistance
Program Contract Agreement between the UNITED CITY OF THE VILLAGE OF
YORKVILLE and MERCY CENTER FOR HEALTH CARE SERVICES. Said Agreement is
attached hereto as Exhibit "A".
YOR
Law Officcs of Daniel J_ Krarner
1107A South Bridge St.
Yorkville, Illinois 60560
-708.553.9500
APPENDIX E
RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM
OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM
(EXHIBIT A TO RESOLUTOIN#1996-10)
This Agreement between Mercy Center for Health Care Services, an Illinois not for profit
corporation, ("Mercy Center")the City of Yorkville("Employer") is effective the 1 st day of
May, 1996.
1. The goal of this Agreement is to establish an Employee Assistance Program(EAP) for
the benefit of the Employer and its employees by establishing and implementing an
employee approved mechanism to assist, counsel and support employees who have
personal problems that may, or may not, affect their job performance.
2. The basic elements of an EAP include:
a) identifying the Employee Assistance Liaison
b) assisting the Employer in the development of a written EAP policy and
promotional plan
c) approval of the EAP policy by management
d) supervisor training
e) notification to and orientation of employees and their families, and
f) establishing a reporting mechanism
Mercy Center will assist Employer in the development and implementation of the EAP as
requested by the Employer. The actual scope of Mercy Center's services to be performed under
this Agreement is set forth in Exhibit A attached hereto.
3. For all services rendered by Mercy Center, Employer agrees to pay Mercy Center the fees
set forth in the Schedule of Fees attached hereto as Exhibit B. Unless otherwise stated in
Exhibit B, Employer agrees to pay Mercy Center's fee on a quarterly basis, beginning the
first of the month following supervisor training. Invoices for amounts due Mercy Center
more than thirty(30) days past due shall bear interest at the rate of twelve(12)percent
per annum until paid.
4. A Mercy Center staff member will be designated as the Employee Assistance Director,
for the Employer's EAP. The employee's initial contact will be with the Director or
appropriate designee,who will determine the nature and extent of the employee's
problem and develop an intervention plan. In cases where short term counseling is
indicated, i.e. , one (I)to three (3) counseling sessions,the Director or designee will
provide the needed counseling at Mercy Center on an outpatient basis.
6. Employer acknowledges and understands that alcohol and drug abuse information
disclosed to the Employer is protected by federal confidentiality rules(42 CFR Part 2)
and that federal rules prohibit the Employer from making any further disclosure of this
information, unless further disclosure is expressly permitted by the person to whom it
pertains. The federal rules restrict any use of the information to criminally investigate or
prosecute any alcohol or drug abuse patient.
APPENDIX E
RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM
7. The parties recognize that this Agreement at all times is to be subject to applicable state,
local and federal laws and regulations. This Agreement shall be subject to amendments
in such laws and regulations and to new legislation. Any provisions of law that
invalidate,or otherwise are inconsistent with the terms of this Agreement, or that would
cause one or both of the parties to be in violation of the law, shall be deemed to have
superseded the terms of this Agreement, provided, however,that the parties shall exercise
their best efforts to accommodate the term and intent of this Agreement to the greatest
extent possible consistent with the requirements of law.
8. Unless terminated earlier,this Agreement shall remain in effect for a period of one (1)
year from the date hereof. After the expiration of the first three(3) months of this
Agreement, either party may terminate this Agreement upon sixty(60) days prior written
notice to the other party.
9. This Agreement contains the entire understanding of the parties and supersedes all prior
written or oral representations,negotiations, communications, understandings or
agreements concerning the subject matter hereof.
10. The terms of this Agreement may be amended, modified, or cancelled only through
written instrument signed by both parties.
11. This Agreement shall be governed and interpreted under the laws of the State of Illinois.
12. This Agreement may not be assigned or subcontracted in whole or in part by either party.
OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM
EXHIBIT A WITNESSETH
WHEREAS, Mercy Center is a hospital in the business of providing a wide range of
medical and health care services, including, but not limited to,the assessment, counseling,
treatment and referral of patients;
WHEREAS, Mercy Center has developed an Employee Assistance Program("EAP")
designed to assist corporations in handling the social, behavioral and other life problems of
employees; and
WHEREAS, Employer desires to implement the EAP for the benefit of its employees.
NOW, THEREFORE, for and in consideration of the premises and covenants contained
herein, the parties agree to develop and implement the EAP to the Employer's place of business
in accordance with the following terms and conditions:
I. DEFINITIONS
A. The EAP
The EAP is a program whereby Employer-makes available to its employees and
family members professional and confidential assessment and referral of social,
behavioral and other life problems. The specific services provided pursuant to the
EAP are further described in paragraph 2.1)of this Agreement.
APPENDIX E
RESOLUTION#1996-10 -EMPLOYEE ASSISTANCE PROGRAM
B. Employee
Employees include all full-time employees of the Employer, who are compiled at
Employer's principal place of business as stated above, from the first day of
employment.
C. Family Member
Family members include employee's spouse and children residing in the
employee's household.
D. Covered Persons
Covered persons include employees and family members.
E. EAP Director
The EAP Director shall be an employee of Mercy Center, designated to carry out
the assessment, consultation and referral responsibility of Mercy Center, pursuant
to this Agreement. The Director shall be experienced in employee assistance
counseling and have medical and psychiatric consultation available.
F. Service Provider
A Service Provider shall be any physician, or other individual,health care
provider, agency, institution, or organization to whom the EAP Director or EAP
Director's designee refers an employee or family member for diagnosis and
treatment.
II. RESPONSIBILITIES OF MERCY CENTER
Upon execution of this Agreement, Mercy Center will assist Employer in developing and
implementing the EAP at Employer's place of business. Specifically, Mercy Center will provide,
subject to the approval of Employer,the following services:
A. EAP Development
1. Policy Statement. Mercy Center will prepare a written statement
describing the EAP, employee and family member eligibility and
procedures for utilization of the program.
2. Supervisor's Manual. Mercy Center will develop a supervisor's manual,
which assists Employer's supervisory personnel in recognizing and
understanding employee social, behavioral and other mental health related
problems and instructs the supervisor in the proper use of the EAP.
B. EAP Marketing
1. Employee Letters. Mercy Center will prepare a letter for distribution by
Employer to each employee introducing and describing the EAP.
2. Letters to Family Members. Mercy Center will prepare a letter to be
distributed by the Employer to the family members of each employee
introducing and describing the EAP.
APPENDIX E
RESOLUTION#1996-10 -EMPLOYEE ASSISTANCE PROGRAM
3. Literature As mutually agreed between the parties, Mercy Center will
provide employer with EAP brochures,posters and wallet cards. The
employer will be responsible for distribution of these materials.
C. Education
Mercy Center will prepare and conduct the following education seminars at Employer's
place of business. All seminars shall be scheduled at such times as are mutually agreed
upon by the parties.
1. A two hour management-supervisor training session will be presented and
include:
a) Introduction to the"Broad Brush II EAP concept
b) Documented job performance
C) How to use EAP for consultation
d) How to refer employees to EAP
2. The Policy and Employee Assistance Program will be presented to the employees.
This will be done by 30 minute employee orientation sessions.
D. EAP Services
1. Assessment/Consultation/Referrals
a) Appointments for EAP services can be made by calling(708) 892-
2809. A message will be taken and the EAP Director,or,
appropriate designee, will respond to the call. Scheduling of
appointments and other business calls are expected during normal
business hours. The EAP is available for emergency situations, 24
hours per day, seven days per week. Depending upon the level of
urgency, the EAP will facilitate crisis intervention or schedule an
in-person interview the next business day.
b) The EAP Director or designee provides assessment, referral, and
short term counseling to covered persons and, as deemed
appropriate, makes referrals to appropriate service providers for
further assessment and disposition.
C) EAP sessions shall be conducted on a voluntary basis only.
Covered persons may seek EAP services by contacting the EAP
directly, or an employee designated by Employer to coordinate the
EAP. Employees advised of and encouraged to participate in the
EAP, due to a job performance issue, shall be encouraged to notify
his/her supervisor of participation in the program, authorize the
release of employment records to the EAP Director and authorize
the EAP Director to discuss the employee's situation with the
Employer.
d) The EAP Director or designee will follow up with the covered
person after referral to a service provider, so as to encourage use of
the service provider and offer additional referrals, should the
covered person so desire and, if authorized by the covered person,
APPENDIX E
RESOLUTION#1996-10 -EMPLOYEE ASSISTANCE PROGRAM
follow up and coordinate the covered person's treatment and
progress with the service provider and Employer. However, it is
understood that Mercy Center's assessment, evaluation and
consultation obligations terminate upon referral of a covered
person to a service provider, does not extend to the provision of
services by a service provider and that it is the responsibility of
each covered person to obtain service provider services and follow
prescribed treatment.
e) It is understood that service providers will be selected by the EAP
Director and that Mercy Center programs, departments and staff
members may be selected as service providers if the EAP Director
determines, in his/her sole discretion that said service providers
would be appropriate for a particular situation. Statistical review
will identify service provider utilization.
2. Referral Resources. Mercy Center shall maintain current information
regarding multi-treatment services and resources. These include
professional services related to chemical addiction, psychiatric illness,
marital or relationship issues, stress, grief, family, financial and legal
problems.
3. Employer Benefit Plans. Mercy Center will become familiar with
Employer's medical and disability benefit plans so as to provide covered
persons with basic and preliminary information regarding the extent,
nature and cost of referral treatment and reimbursement benefits available.
In conjunction with this service, Mercy Center will obtain utilization
guidelines from any health maintenance organization to which Employer
belongs and to the extent possible, establish working relationships with
each organization to which Employer belongs and to the extent possible,
establish working relationships with each organization providing or
administering Employer medical and disability benefits.
E. Other Services
1. Health Education and Wellness Consistent with the Mercy Center holistic
philosophy of health care, Mercy Center will offer employees two hours of
health education and wellness programs per twelve month period of this
Agreement. Additional hours of health education and wellness programs
may be purchased at Mercy Center's then current fees for conducting said
program.
2. Management Reports Mercy Center will provide quarterly and annual
reports. Said reports will aggregate total assessments, consultations and
referral sources. Mercy Center will provide no individually identifiable
employee or family member information or aggregate statistics from
which Mercy Center believes individually identifiable information may be
derived.
APPENDIX E
RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM
III. RESPONSIBILITIES OF EMPLOYER
A. Employer shall print and distribute to covered persons,the employee and family
member letters and other information concerning the availability and purposes of
the EAP. Employer shall not distribute or otherwise convey these materials to
any individual or entity except as provided in this Agreement nor distribute any
written materials which refer to Mercy Center,unless prepared by Mercy Center,
or prepared by Employer with the written approval of Mercy Center.
B. Employer will provide Mercy Center current information regarding the
Employer's medical and disability plans and keep Mercy Center apprised of any
changes to said plans.
C. Employer will require its management and supervisory personnel to attend the
appropriate EAP education seminars.
D. In accordance with the Policy Statement and Supervisor's Manual, Employer shall
encourage covered persons to utilize the EAP assessment and referral services.
E. Employer shall implement the EAP in conjunction with its own personnel policies
and procedures,offering EAP services to its employees on a voluntary basis and
as part of, but not as substitute for,Employer's disciplinary procedures.
F. Employer shall utilize Mercy Center as its sole provider of EAP services during
the term of this Agreement.
IV. OWNERSHIP AND CONFIDENTIALITY OF EAP RECORDS
All information obtained and records created as a result of any communication between
covered persons and Mercy Center shall remain confidential and the sole property of
Mercy Center. Said information and records shall be released only with the appropriate
written consent of the individual covered person as otherwise authorized by law.
V. RELATIONSHIP OF THE PARTIES
Mercy Center and Employer shall remain independent contractors and Mercy Center's
responsibilities to Employer are expressly limited to those set forth in this Agreement.
This Agreement shall not be deemed to establish any relationship of employment
between Mercy Center and covered persons.No service provider to whom Mercy Center
refers a covered person shall be deemed to be an agent or employee of Mercy Center by
reason of this Agreement. Each service provider shall establish its own independent
relationship with Employer, employee or family member .
APPENDIX E
RESOLUTION #1996-10-EMPLOYEE ASSISTANCE PROGRAM
VI. INSURANCE AND INDEMNIFICATION
A. Mercy Center for Health Care Services is a not for profit Illinois Corporation and
is self-insured. Employees in the performance of their jobs are covered under the
hospital insurance.
B. Each parry to this agreement shall indemnify and hold harmless, its officers,
directors, employees, and agents from and against any and all liability, damage,
expense, loss, cost, claim, cause of action, suit or judgment, including the cost
thereof and attorney's fees, which they or any of them may suffer, incur or sustain,
or for which any of them may become liable as a result of any act or omission, or
alleged act or omission of Employer, its officers, directors, employees and agents
EXMBff B
I. FEES
A. In consideration for the services provided by Mercy Center pursuant to this
Agreement, Employer shall pay Mercy Center $25.00 per employee per each 12
month term of this Agreement. Initial payment shall be made upon completion of
training and quarterly thereafter
B. For purposes of paragraph 1.A.,the total number of employees shall be the total
number of employees on the payroll of Employer on the effective date of this
Agreement, which number Employer represents equals 41. Employer shall notify
Mercy Center each time its total number of employees increase by ten percent
(10%)or more, and shall pay Mercy Center an additional fee for each additional
employee at a prorated fee of$25.00 per employee per 12 month term. Upon
request, Employer shall furnish Mercy Center with satisfactory evidence of the
total number of such employees employed by Employer upon the signing of this
Agreement, at the beginning of each renewal term and upon the reasonable
request of Mercy Center, said requests not to exceed three (3)per year.
C. It is expressly understood and agreed that the charges stated herein are exclusively
for the services of Mercy Center provided pursuant to this Agreement. Fees and
charges for services provided by a service provider, including Mercy Center as a
service provider, will be as established between the covered person or Employer
and the service provider.
APPENDIX F
UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY
DRUG-FREE WORKPLACE POLICY
Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair
safety and health,promote crime, lower productivity and quality and undermine public confidence
in the work City employees undertake. The City prohibits drug and alcohol impairment and the
illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts, 41
USC 701, et seq.,and ill. Rev. Stat. 1992, ch. 127,par. 132.311 et seq., in order for the City to be
considered a"reasonable source" for the award of federal or state grants, it is appropriate to adopt
the following policy:
A. Any location in which City business is conducted,whether at this or any other site,
is declared to be a drug-free workplace. All employees are absolutely prohibited
from unlawfully manufacturing, distributing, dispensing, possessing or unlawfully
using controlled substances or alcohol, as defined in the federal and state Drug-Free
Workplace Acts, in the workplace.
B. Employees are expected and required to report to work on time in appropriate
physical and mental condition to perform duties of their jobs.
C. Employees have the right to know the dangers of drug abuse in the workplace,the
City's policy about them and what help is available to combat drugs problems.
Employees needing assistance in overcoming drug abuse problems are encouraged
to seek professional assessment,treatment support and aftercare at appropriate
outside agencies. Conscientious efforts to seek such help will not jeopardize any
employees'job nor will it be noted in any personnel record. However,referral to
such programs in no way exempts an employee from discipline for less than
acceptable job performance.
D. As a condition of employment, each employee shall:
1. Agree in writing to abide by the terms of the Center's policy
respecting a drug and alcohol-free workplace; and
2. 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 10 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.
E. An employee who violates the terms of this policy may be subject to
disciplinary action including suspension and/or termination.
1. The city shall take prompt disciplinary action with respect to any employee
who violates this policy. In any event,the City shall take disciplinary action
APPENDIX F
UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY
with an employee convicted of a drug offense in the workplace no later than
thirty(30) days after receiving notice of the conviction.
2. Should the city be a current participant in a federal education program in
which the center is the prime grantee and a direct receiver of federal funds,
the City shall notify the appropriate federal agency from which the City
receives grant monies of the employee conviction within ten(10) days after
receiving notice of the conviction.
3. The City may require an employee who violates the terms of this policy to
satisfactorily participate in a drug or alcohol abuse assistance or
rehabilitation program.
ACKNOWLEDGEMENT OF POLICY
I acknowledge receiving the City of Yorkville's Drug-Free Work Place Policy and I have read and
understand its terms.
Printed Name
Signature
Date
APPENDIX G
ORDINANCE#1999-12—PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS
ORDINANCE#1999-12 (REVISED JUNE 9, 1999)
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND
ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET.SEQ.; P.A.90-737)
WHEREAS,the General Assembly has enacted the State Gift Ban Act (P.A. 90- 737;
House Bill 672; 5 ILCS 425/1 et seq.),which became effective on January 1, 1999; and
WHEREAS, Section 83 of the Act (5 ILCS 425/83)provides in pertinent part:
Within 6 months after the effective date of this Act, units of local government, home rule
units, and school districts shall prohibit the solicitation and acceptance of gifts, and shall
enforce those prohibitions, in a manner substantially in accordance with the requirements
of this Act and shall adopt provisions no less restrictive than the provisions of this Act.
WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline, imposed by the
Act,the Mayor and City Council of the United City of Yorkville have determined that the Act
contains several procedural and substantive defects and several ambiguities and inconsistencies
which make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible;
and
WHEREAS, while the Illinois Municipal League has requested the General Assembly to
amend and clarify the Act so Illinois municipalities may have clear guidance in bringing
themselves into compliance With the Act, it has become apparent that a legislative response will
not be provided prior to the deadline imposed by Section 83;and
WHEREAS,the corporate authorities of the United City of Yorkville, Kendall County,
Illinois; in an effort to comply with the action required by Section 83,hereby pass and approve this
Ordinance to bring the United City of Yorkville, Kendall County in compliance with the dictates of
the Act;and
WHEREAS,the corporate authorities of the United City of Yorkville strongly encourage
the General Assembly to take immediate action to clarify the procedural and substantive provisions
of the Act so elected and appointed officials and the employees of Illinois Municipalities will have
clear and unequivocal ethical procedures and rules that will control their conduct.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The Code of Ordinance of the United City of Yorkville are hereby amended
with the addition of the following provisions:
I. State Gift Ban Act
Sec. A-101. Adoption of Act.
a. The State Gift Ban Act(5 ILCS 425 —) is hereby adopted as required by Section 83 of the
Act(5 ILCS 425/83).
b. The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the
Act is prohibited by any elected or appointed official or any employee of the City.
APPENDIX G
ORDINANCE 41999-12—PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS
Sec. A-102. Ethics Officer.
To the extent authorized by law and to the extent required by Section 35 of the Act(5 ILCS
425/35),the Kendall County States Attorney is appointed to serve as the "ethics officer" for the
City, pursuant to the consent given by the Kendall County States Attorney to serve in that capacity.
The ethics officer's duties shall be as provided in Section 35.
Sec. A-103. State Legislative Ethics Commission: Complaints.
All complaints for violations of the Act and this Ordinance shall be filed with the State legislative
ethics commission(created by Section 45 (a)(6)of the Act).
Sec. A-104. Future Amendments to State Gift Ban Act.
Any amendment to the State Gift Ban Act (5 ILCD 425/1 et seq.)that becomes effective after the
passage of this Ordinance shall be incorporated into this Ordinance by reference and shall be
applicable to the solicitation and acceptance of gifts. However, any amendment that makes its
provisions optional for adoption by municipalities shall not be incorporated into this Ordinance by
reference without formal action by the corporate authorities of the City.
Sec. A-105. Future Declaration of Unconstitutionality of State Gift Ban Act.
(a) If the Illinois Supreme Court declares that State Gift Ban Act (5 ILCS 425/1 et seq.)
unconstitutional in its entirety ,then this Ordinance shall be repealed as of the date that the
Supreme Court's decision becomes final and not subject to any further appeals or rehearings. The
Ordinance shall be deemed repealed without further action by the corporate authorities of the City
if the Act is found unconstitutional by the Illinois Supreme Court.
(b) If the Illinois Supreme Court declares part of the State Gift Ban Act (5 ILCS 425/1
et seq.) unconstitutional but upholds the constitutionality of the remainder of the Act or does not
address the remainder of the Act,then the remainder of the Act as adopted by this Ordinance shall
remain in full force and effect; however,that part of this Ordinance relating to the part of the Act
found unconstitutional shall be deemed repealed without further action by the corporate authorities
of the City.
SECTION 2: This Ordinance shall be in effect upon its passage, approval and publication
as provided by law.
APPENDIX G
ORDINANCE#1999-12—PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS
PASSED this day a 1999.
APPROVED this_�i` _._day o i 999
MAYOR
PUBLISHED in p et form this day of 1999.
C CLERK
-3-
APPENDIX H
RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
RESOLUTION 497-8
RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE SAFETY POLICY,
AUTHORIZING THE MAYOR TO SIGN THE POLICY STATEMENT AND
APPOINTING A SAFETY DIRECTOR
WHEREAS,the Mayor and the City Council of the UNITED CITY OF YORKVILLE,
deem it to be in the best interest of the City and the Community to adopt a Safety Policy for the
City employees;and
WHEREAS,the Safety Policy is beneficial to the employees of the City; and
WHEREAS, a Safety Director is necessary to implement the Policy.
NOW THEREFORE BE IT RESOL VED by the UNITED CITY OF YORKVILLE:
1. The United City of Yorkville Safety Policy dated March 12, 1997, attached hereto
and made a part hereof, is hereby approved and adopted.
2. The Mayor is authorized to sign the Safety Policy Statement.
3. The Mayor shall appoint a Safety Director for the Safety Policy with the approval of
the City Council each year at the time of appointment of all other City appointed positions. The
Safety Director is granted authority to implement and enforce the provisions of the Policy pursuant
to the guidelines set out in the policy.
4. The Safety Policy is hereby made an addendum and part of the City Employee
Manual.
5. Any Safety Committee required by the Safety Policy to be made up of department
heads, shall be appointed by the Mayor with the approval of the City Council. These appointments
shall be made yearly at the time the Mayor makes his regular City appointments.
APPENDIX H
RESOLUTION#97-8-APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
PASSED AND APPROVED thi*_dsy of
ATMST:
CrffcLERK
Law Of5m GfDaie1 L Kramer
I IOTA S.Endo 5t,
Yocicrr ue,IL 60560
APPENDIX H
RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
UNITED CITY OF YORKVIL.LE SAFETY POLICY
Prepared by J. T.Johnson Director of Public Works for the
UNITED CITY OF YORKVIL.LE,ILLINOIS
111 West Fox Street, Suite 3,Yorkville,Illinois,60560
March 12, 1997
UNITED CITY OF YORKVILLE SAFETY POLICY STATEMENT
It is the policy of the City of Yorkville to plan safety, loss control, and operating efficiency in all
aspects of our operations.
We will afford every incentive, both moral and financial within budgetary constraints,to minimize
the hazards that adversely affect the safety of our personnel, the security of our property, and the
well-being of members of the public, exposed to our operations and personnel. In response to these
incentives, we will promote achieving as high a degree of safety and loss control as possible.
Our plan includes measures that are designed to eliminate, reduce, or control the various hazards
and exposures which cause incidents to occur. This includes training of our personnel at all levels
of responsibility in necessary safety and loss control practices.
Responsibility for accident prevention and loss control will be delegated to each person in the
organization the same as he or she is delegated responsibility otherwise as part of their job function.
Management will expect all employees to have a positive attitude about safety and loss control.
We feel that our goal of high safety awareness and reduction of losses is an honorable one.
Therefore, we sincerely solicit the collective support of everyone in our organization to achieve this
goal.
The Mayor and City Council of the United City of Yorkville fully supports this organization's
Safety Awareness and Loss Control Program.
Mayor Robert son
APPENDIX H
RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
EMPLOYEE SAFETY RESPONSIBILITY
TO ALL EMPLOYEES:
As a member of our organization you automatically accept a moral obligation to your fellow
employees and an economic obligation to the organization to see that operations under your care,
custody, and control are carried out in an efficient and safe manner.
.Along with other responsibilities, safety consciousness must always exist in your thinking and
planning. Because of this obligation, you must not only prevent obvious unsafe acts on your part
but you must anticipate potential hazards and alert other employees if any work performed is
perceived to be unsafe, to the best of your ability. After an accident occurs, it is too late to prevent
it. All employees must recognize that working in an unsafe manner is counter productive. Most
important, each employee is encouraged to demonstrate leadership ability by setting a good
example.
DEPARTMENT HEAD RESPONSIBILITY
As with the Safety Executive Manager, The Department Heads'primary role is leadership. These
individuals are ultimately responsible for the Loss Control performance of their individual
departments. Therefore the Department Heads' must develop in their supervisors and employees a
high degree of performance in loss control work.
They should:
• Set performance standards for the various work areas, stressing safety and loss control
awareness.
• Evaluate supervisors according to performance standards.
• Assist members of the Accident Review/Safety committee to uphold a high degree of
safety.
• Assist on accident investigations of serious accidents.
• Conduct periodic (quarterly) tours of department facilities for adequate safety practices.
SUPERVISORY RESPONSIBILITIES
Each Supervisor shall have the full authority to maintain a safe and healthful working condition
within his or her jurisdiction. Whether it be in the field, in the shop,or in the office, personnel
problems and hazards vary from department to department, it is expected all supervisors will work
at all times to control injuries.
They should:
• Assume full responsibility for safety and healthful working conditions for his or her
employees while they are under his or her jurisdiction.
APPENDIX H
RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
• Insure that all management policies and procedures herein are fully implemented for
maximum efficiency of each job.
• Take the initiative in recommending correction of deficiencies noted in facilities, work
procedures,employee job knowledge, or attitudes that adversely affects loss control efforts.
• Insure that each employee is fully trained for the job he/she is assigned to do,that he/she is
familiar with published department work rules, and certifies in writing that he/she
understands compliance is necessary.
• Takes affirmative action upon safety suggestions and continuously demonstrates concern
over the entire safety program and sets a good example by working safely himself.
• Observes working conditions and methods to prevent the development of unsafe working
practices.
• Investigates thoroughly the causes of all accidents and takes corrective action.
• Insures all accidents are properly reported,regardless of the extent of injury or property
damage.
• Instructs all employees regarding disciplinary policies for violation of safety rules and
insures .impartial positive enforcement.
• Supports the Safety Committee in the promotion of the Committee's activities.
DUTIES OF THE SAFETY DIRECTOR
The Safety Director should be management's representative in all safety activities and develop,
implement, and administrate the complete Safety Awareness/Loss Control Program in accordance
with management's policies.
The duties include, but are not limited to,the following guidelines:
• Provide the leadership and stimulation necessary to assure and maintain full employee
interest and participation.
• Become familiar with all job operations to assure and maintain full employee interest and
participation.
• Organize a safety committee composed of department heads. The Safety Director should be
a permanent member of this committee.
• Encourage and coordinate the safety training activities for all departments.
• Establishes the procedures for the completion and handling of all accident reports and
follow-up.
• Organizes a self-survey schedule for all departments.
• Cooperates and assists the City of Yorkville's chosen Safety Awareness/Loss Control
Consultant on all survey tours and service calls.
• Reviews and selects applicable safety materials for display or distribution.
• Advises management on the development and progress of the Loss.Control Program.
APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
UNITED CITY OF YORKVILLE VEHICLE POLICY
ADOPTED 02-10-2004
I. SCOPE
A. To describe the policies and procedures pertaining to vehicle use. This policy will be
adopted to maintain a consistent and legal operating system for all United City of
Yorkville vehicles. The Mayor, City Administrator and Police Chief, will oversee
each Department Head's enforcement of this policy and its procedures. Department
Heads will supervise the procedures within their own departments.
II. POLICY
A. The vehicles will be used and maintained under the terms of this policy as written.
Responsibility and control of the vehicles will remain with each Department Head in
the United City of Yorkville. .
B. The purpose of this policy is to make it absolutely clear to all employees that the
United City of Yorkville is very concerned about motor vehicle safety and proper
care of city equipment. The United City of Yorkville vehicles are to be used only
for transporting equipment, employees and city affiliated personnel while
conducting city business.
III. CRITERIA
A. An employee, a person whom receives a payroll check from the United City of
Yorkville, when authorized by a Department Head, may operate a city vehicle.
Department Heads shall provide a monthly report, to the Administration Committee
on vehicle usage.
B. City Affiliated Personnel, City Council, Board Members, and Mayor, (when
authorized by a Dept. Head), may operate a city vehicle to conduct city business. A
City vehicle (any vehicle owned or leased by the United City of Yorkville) will be
operated only by an authorized person who possesses a valid Illinois State Drivers
License of proper classification for the vehicle being-driven/operated, vehicle
insurance, and a good driving record. A copy of the driver's license must be placed
in the employee's personnel file.
C. Current Employee Driving Standard. Employees who currently drive a city vehicle
or their own vehicle on city business must maintain a valid driver's license, vehicle
insurance and with a good driving record. The city recognizes that drivers who
consistently violate state motor vehicle codes expose themselves and the community
to potential bodily injury and/or property damage.
D. The following identifies High Risk drivers. Employee drivers would be considered
HIGH RISK if they have had any of the following:
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
1. Two or more moving violations within a 12-month period.
2. One moving violation and one.preventable accident while driving a city
vehicle within a 12 month period.
3. Any combination of moving violations or preventable accidents while
driving a city vehicle within a 24 month period totaling more than three.
Employees designated as high risk will be required to participate in a driver
improvement course recommended by the Yorkville Police Department and are
subject to being excluded from driving a city vehicle.
IV. PROCEDURES INDEX BY DEPARTMENT
A. General Procedures For All Departments
1. All Employees will receive, understand and abide by the rules and regulations of this
policy.
2. City vehicles are to be used for conducting City business only. Personnel assigned as
"on call" are authorized 24-hour use of their assigned vehicles to increase command
presence in the field, allow for immediate communications capabilities and/or
enhance the overall operation.
3. City vehicles authorized for 24-hour use are to be used for commuting to and from
work or when performing official City duties. They are not to be used for personal
purpose (other than de minimis personal or approved medical), nor for the
transportation of anyone other than City employees or people working with or for
the City in an official capacity.
4. Only City employees and affiliated personnel are to be transported in City vehicles,
unless their presence is necessary for City business.
5. Drivers must be thoroughly familiar with and follow all State and Federal
regulations governing the particular type of motor vehicle they are operating.
6. The use of seat belts in all vehicles for any individual present in a City vehicle. Any
individual utilizing a City vehicle must use a seat belt.
7. Headlights will be turned on whenever windshield wipers are needed.
8. 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.
9. All damage to vehicles must be reported to the Department Head immediately.
10. Employees who are involved in a traffic accident with a City vehicle or while
operating their personal vehicle on City business, must report the accident to their
Department Head as soon as possible after the incident, but no later than 24 hours
after the incident. Furthermore, the local police department must be contacted to
request a police report to be made anytime the accident involves collision, property
damage, and/or personal injury.
11. It is the driver's responsibility to see that the vehicle is inspected for oil and gas and
report any mechanical failures to the Department Head. The driver will follow any
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
additional instructions given by the Department Head as to cleaning and gas. A
Vehicle Service Record should be completed showing any service done on the
vehicle.
12. Department Heads are to provide to the administration Committee a monthly report
on vehicle usage.
13. Engines are to be warmed up in the winter before driving the vehicle.
14. First aid kits and fire extinguishers must be kept in each vehicle and can be found
behind or under the seat, or in the trunk of each vehicle. Let a Department Head
know when refills are needed.
15. At no time shall anyone drive any City vehicle while intoxicated or under the
influence of any illegal drug(s) or alcohol.
16. Abuse of vehicle privileges may result in disciplinary action.
B. Administration
1. Employees given the privilege of use of the City owned vehicle to and from his/her
residence will complete a Vehicle Agreement Form to be kept in their personnel file.
2. Employee will conform to any I.R.S. rulings with regard to use of vehicles for
to/from commute.
3. Any employee assigned a vehicle for use during business hours will comply with all
general procedures. Any emergency exceptions must be approved by the Mayor.
a. The assigned vehicle will be parked at the employee's work location during off
hours.
b. The employee will abide with all other provisions of this policy.
c. Any long term use exception would require City Council approval.
C. Recreation Department
1. No Recreation Department vehicles are to be used for personal use. All vehicles
will be kept at Recreation facilities over night, unless special permission is obtained
from the Park Board.
2. Vehicles will be washed as designated on assignment schedules. All vehicles will
be maintained according to the manufacturers' recommendations, and monitored by
supervisors and/or Directors.
3. A mileage form is available in the recreation vehicle and will be completed by the
driver for each trip. A vehicle use form will be completed for each trip that entails a
full day. Employees must obtain permission for day trips from the Director two
weeks in advance, if possible. Any Park Board member, Council member and/or
City employee must also give two weeks notification prior to the date needed, to
avoid scheduling conflicts with the departments.
D. Parks Department
1. Parks Department employees are required to have a minimum of a "Class C"
Commercial Drivers License as established by the State of Illinois Standards for
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
Drivers License requirements. A copy of this license must be placed in the
employee's personnel file.
2. Parks Department employees shall abide by the Drug/Alcohol Abuse Policy for
Commercial Licensed Drivers as adopted and revised from time to time.
3. Under certain emergency situations Department Heads may grant the use of a City-
owned vehicle to employees to drive to their residence in order to expedite their
return to the City work force to work on the ongoing emergency (i.e.: severe snow
storm).
E. Public Works Department
I. Public Works employees are required to have a minimum of a "Class C"
Commercial Drivers License as established by the State of Illinois Standards for
Drivers License requirements. A copy of this license must be placed in the
employee's personnel file.
2. Public Works employees shall abide by the Drug/Alcohol Abuse Policy for
Commercial Licensed Drivers as adopted and revised from time to time.
3. Under certain emergency situations Department Heads may grant the use of a City
owned vehicle to employees to drive to their residence in order to expedite their
return to the City work force to work on the ongoing emergency (i.e.: severe snow
storm).
F. Police Department
1. Policy. To comply with State law and court defined constitutional limits of
reasonableness which govern the operation of police vehicles.
2. Purpose. To insure that department personnel operate authorized emergency
vehicles with due regard for their own safety and the lives and property of every
citizen.
3. Definitions
a. Emergency: when a police officer reasonably believes that there is imminent
probability of death, personal injury or loss or destruction of property
occurring, and the immediate action of that officer may avert or reduce the
seriousness of the situation.
b. Due Regard: that a reasonable careful police officer, performing similar
duties and under similar circumstances, would act in the same manner.
C. Motorized Pursuits: an active attempt to stop a moving motor vehicle that is
resisting apprehension by:
1.) Maintaining or increasing speed, and/or
2.) Ignoring an officer's signal to stop, and/or
3.) Taking such evasive actions or maneuvers so as to prevent
apprehension.
d. High-Speed Pursuit: motorized pursuit at speeds that exceed the legal speed
limit.
e. Police Vehicle: any department-owned motor vehicle, in authorized use, or
any vehicle authorized by the chief of police or his designated subordinate
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
for use by a department member acting in the lawful capacity of police
officer.
f. Deadly Force: any force likely to cause death or great bodily harm.
g. Reasonable Belief what an ordinary and prudent person, in the same or
similar circumstances would believe, based on his/her knowledge of the facts
as they existed at the same time of the event.
4. Operation of Emergency Vehicles
a. Police officers responsibility
1.) All sworn officers shall be familiar with and shall comply with all
sections of the state laws which apply to the operation of emergency
vehicles.
2.) The special privileges accorded by law to emergency vehicles are
only effective when the vehicle is readily identifiable as an
emergency vehicle.
3.) Unmarked police vehicles shall not be operated as an emergency
vehicle unless equipped with and utilizing a flashing red light and an
audible siren.
4.) Police officers assigned to emergency calls shall monitor their police
radios and shall acknowledge all communications conveyed to them
by the communications officer or supervisor in charge.
b. Assigned officer(s) shall respond to emergency calls rapidly but with a due
regard for the safety of life and property.
1.) Use of emergency lights: emergency lights shall be activated when
responding to emergency calls to avoid conflicts which may occur at
intersections, in heavy traffic, or in areas of restricted view.
2.) Use of siren: the siren shall be activated to avoid conflicts which may
occur at intersections, in heavy traffic, or in areas of restricted view.
3.) Speed: authorized vehicles shall not be operated at a speed that may
cause loss of control of the vehicle or endanger life or property.
Speed shall be reduced when approaching intersections and other
area of conflicts.
4.) Spotlight: spotlights on the police vehicle shall not be used as a
means for clearing traffic nor shall they be directed at windshields of
oncoming traffic. Spotlights shall not\be used in lieu of authorized
emergency lights.
C. Special considerations
1.) Upon approaching the immediate area of criminal activity, an officer
may avoid announcing his/her arrival by turning off .emergency
equipment and headlights at night, but only when such maneuvers
can be employed without endangering persons or property.
2.) Although adverse reaction may result from the use of sirens at night
in residential areas, the safety of the officer and the public is not
abridged by the time of day and far outweigh any inconvenience
which may occur.
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
d. Supervisor's responsibility: The on duty supervisor shall monitor and
coordinate the assignment and response to emergency calls.
1.) Supervisors shall evaluate circumstances given which would justify
an emergency call assignment, assist communications officers in
evaluating such circumstances, and shall intervene when assignments
given by the communications officer do not correspond to the
circumstances.
2.) Supervisors shall monitor officer response to emergency calls to
ensure compliance with department policy, officer and public safety,
and efficient department response to emergency scenes.
5. Pursuit Driving
a. Department Position
l.) Law violators shall be pursued and apprehended whenever feasible
under existing circumstances. A pursuit shall be terminated
whenever the risks of the officer's safety of others, outweigh the
danger to the community if the suspect is not apprehended.
2.) Officers shall weigh the seriousness of the violator's suspected crime
against the potential for death or injury and the duration and the
overall distance that may be traveled if the pursuit continues.
3.) When attempting to stop an offender who has not begun to flee, the
police officer should try everything within his/her authority, keeping
in mind his/her personal safety, to apprehend the suspect without
resorting to a high-speed chase. This would include the use of the
public address system and/or the spotlight or waiting until the subject
parks or stops at traffic light before activating the light and/or siren.
b. Officers responsibility: the decision to begin, responsibility for continuation
and the method of pursuit rest primarily, but not solely with the individual
officer(s) involved. Although the law does not prevent officers from
exceeding the posted speed limit while engaged in pursuit, it does hold
officers criminally and civilly responsible for their actions.
1.) Only police vehicles equipped with audio and visual emergency
equipment shall enter into pursuit. It is the officer's duty to be
reasonably sure his/her police vehicle is mechanically sound before
entering into a pursuit.
2.) The pursuing officer has the responsibility to terminate a pursuit at
any time, if in the officer's judgment, the risks outweigh the
seriousness of the offense or if anyone's life is being unduly,
threatened by the act undertaken. The officer may terminate pursuit
without threat of any imposition of discipline or censure.
3.) The following should be considered.
a.) Is the pursuit undertaken with due regard for third parties?
b.) Does the seriousness of the crime warrant the pursuit?
c.) What is the likelihood of apprehension?
d.) What are the roadway, traffic, and pedestrian conditions?
e.) What are the weather conditions?
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
f.) What is the geographical location, (residential, business,
commercial, school, etc.)?
C. State Law permits police officer who engages in a pursuit to, based upon the
reasonableness of their actions, exceed the speed limit and disregard other
traffic regulations.
d. Emergency lights and siren shall be activated during the pursuit to ensure
utmost safety to the officer and all others.
e. When approaching an intersection where signal lights or stop signs control
the flow of traffic,the officer shall:
1.) Decelerate and be prepared to apply brakes, stopping if necessary.
2.) Enter the intersection only when safe to precede and at a reduced rate
of speed so as to make cross traffic aware of the officer's presence.
3.) Resume pursuit speed only when safe to do so.
4.) Emergency lights and siren requests right-of-way and does not afford
absolute right to disregard traffic signals or devices (red lights, stop
signs, etc. )
f. Officers who become engaged in a pursuit shall notify communications of
the following, as soon as it is practical to do so:
1.) Suspect vehicle license plate number.
2.) Starting location and direction of travel.
3.) Vehicle, driver and occupant(s) description.
4.) Nature and severity of the offense warranting the pursuit.
5.) Known possession of weapons and their types.
6.) Continuing updates of direction.
7.) Request for additional units and their positioning.
g. Officers shall not cause intentional contact between their vehicle and the
vehicle being pursued nor shall they maneuver along side or in front of their
vehicle being pursued or into any position or potential collision with a
pursued vehicle.
h. Officers shall not attempt to stop a fleeing vehicle by shooting at it.
i. Officers shall not continue pursuit into another jurisdiction without advising
communications.
1.) Whenever possible, the Illinois State Police Emergency Network
(ISPERN) shall be used during the pursuit.
j. Officers shall not pursue a fleeing vehicle that leaves the roadway without
permission from a duty supervisor.
k. Assisting officer(s): all other members of the department shall refrain from
entering an ongoing pursuit unless directly assigned by communications or a
duty supervisor.
1.) Officers involved in a pursuit shall not attempt to converge upon or
pass the primary pursuit unit unless requested to do so by the primary
pursuit unit.
2.) Caravanning behind the pursued vehicle is discouraged. Whenever
possible assisting units should try and parallel the pursued unit on a
side street.
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APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
3.) Officers should exercise discretion in radio usage so that the radio
airway can be kept open for the primary pursuit unit.
1. Supervisor responsibility: the on duty supervisor upon being advised of or
becoming aware of a pursuit shall be responsible for the following:
1.) The number of personnel assigned to the pursuit, allowing for proper
police coverage throughout the remained of the city.
2.) Monitoring the pursuit's beginning and continuing locations.
3.) Ordering termination of the pursuit to prevent risk and to ensure the
safety of others, the public and the violator(s). Termination of a
pursuit may be based upon,but is not limited to any of the following:
a.) The severity of the offense(s) and the possible ultimate use of
deadly force.
b.) The length of pursuit time.
c.) The roadway and weather conditions.
d.) The time of day.
e.) The geographical location (residential, business, commercial,
school, etc.)
f) The probable destination.
4.) Intervening and changing any incorrect assignment or misuse of
.,1;.. ror�.,,,,,ol ;nvnlvorl i» tha r�nrcnit _
m. Reporting procedures and post-pursuit analysis
1.) Officers involved in the pursuit shall prepare the required police
reports and citations.
2.) Additionally, the post-pursuit analysis form (Appendix A) shall be
completed by the officer issuing the citations and attach it to the
appropriate reports or case file.
3.) During report preparations, special care shall be given to the legal
requirements listed in the Illinois Vehicle Code (Chapter 95 1/2),
Section 11-205b which sets forth the parameters within which
emergency and pursuit driving can take place.
4.) Officers shall adequately report all elements and facts of the pursuit,
.making sure to document a description of the emergency vehicle, the
nature and severity of the emergency or violation and all due caution
afforded to unintended third parties or property.
n. Roadblocks
1.) Under certain circumstances,the blocking or barricading of roadways
by means of police vehicles, barriers or obstacles may become
necessary. Since there are legal consequences and inherent dangers
associated with this course of action, roadblocks must be undertaken
with due regard for the safety of third parities as well as the fleeing
motorist.
2.) Moving roadblocks are strictly prohibited.
3.) The on duty supervisor shall be responsible to authorize and control
all types of roadblocks.
8
APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
o. Pursuit Roadblocks:
1.) Fixed roadblocks shall be used as a last resort to apprehend a fleeing
motorist who is wanted for a violent felony and who constitutes an
immediate, serious threat to the safety of officers and third parties.
• High visibility shall be maintained.
• Roadblocks shall be well lighted by means of interior and exterior
lights,road flares and other available lighting equipment.
• Spotlights shall be used to illuminate the area but shall not be
used to blind the vision of oncoming drivers.
• Placement shall: (1) Be on a flat, straight roadway, whenever
possible. (2.) Allow all approaching vehicles ample time to stop
safely. (3.) Be sure that public endangerment is limited by
avoiding, if possible, certain areas (schools, gas stations, blind
hills,busy intersections etc.)
• All personnel shall be clear of the roadblock and blocking
vehicles by maintaining a safe distance.
• When a roadblock is initiated, a safety lane or escape route shall
be provided.
P. Traffic checkpoint roadblocks shall:
1.) Control traffic in and out of major crime scenes.
2.) Control access in and out of the scene of a major disaster or
emergencies.
3.) Not be employed as means of general or specific traffic enforcement
unless authorized by the chief of police.
4.) Afford consideration for traffic speed at the roadblock, sight stopping
distance and maintaining orderly traffic flow.
5.) Be staffed with sufficient manpower to properly check traffic without
causing undue congestion.
6.) Provide that detained subjects shall be removed from the flow of
traffic.
q. Road hazard roadblocks -marked and semi-marked vehicles only.
r. All officer shall take immediate action to set up a roadblock and shall notify
a duty supervisor via communications, in the event that a roadblock must be
set up to protect the public from potential hazard (flooding, traffic accidents,
power lines down, etc.)
S. The duty supervisor shall assess each situation as soon as possible and
control the function and duration of the roadblock, consistent with the hazard
involved.
t. The roadblock shall be removed only by authority of the duty supervisor,
upon notification by the officer that it is safe to do so.
6. Assistance to Foreign Police Agencies
Assistance to foreign police agencies involved in a pursuit or conducting a
roadblock shall be authorized through a duty supervisor under the provisions of
Sections 3 and 4 of this order.
9
APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
Approved by: Date:
'Mayor
Attest: Date:
City Clerk
10
APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
Department Name:
Employee Name:
Vehicle Number:
UNITED CITY OF YORKVILLE,ILLINOIS VEHICLE AGREEMENT FORM
This agreement describes the conditions and terms under which an employee of the United City of
Yorkville is permitted the use of a City-owned vehicle for City business only.
Full Name:
Department Name:
Residential Address:
Home Phone Number: Work Phone Number:
Driver's License Number:
Social Security Number:
The following information pertains to the City owned vehicle assigned to the above employee for
official City business only.
CITY VEHICLE NUMBER:
MAKE: MODEL: YEAR:
VEHICLE IDENTIFICATION NUMBER(VIN):
ODOMETER READING: ROUND- TRIP COMMUTE MILES:
I have read in full and understand the terms and conditions contained within this Vehicle
Agreement (attached) and, by my signature below, I agree to said terms and conditions.
Signature Date
11
APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
UNITED CITY OF YORKVILLE MILEAGE REPORT FORM
(Please keep form in vehicle)
*Push in trip button to reset trip mileage before and after use
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles 12
APPENDIX I REVISED 2/10/04
UNITED CITY OF YORKVILLE VEHICLE POLICY
UNITED CITY OF YORKVILLE VEHICLE USE FORM
*Push in trip button to reset trip mileage before and after use
Driver's Name:
Driver's Signature:
Date(s) Department:
Vehicle Use (Activity)
Total Mileage:
Inspection of Vehicle Before Trip:
Inspection of Vehicle After Trip:
Damage:
Mechanical Difficulty:
Oil/Fuel on Departure: FULL 3/4 '/z '/4 EMPTY
Oil/Fuel on Return: FULL 3/4 '/s '/4 EMPTY
13
APPENDIX J
E-MAIL, VOICE MAIL, COMPUTER, AND OFFICE EQUIPMENT POLICY
E-MAIL, VOICE-MAIL, COMPUTER,AND OFFICE EQUIPMENT POLICY
ACKNOWLEDGMENT FORM
I understand that all computers and electronic communication systems and all information
transmitted by, received from, or stored in these systems are the property of the City. I also
understand that these systems as well as all other office equipment are to be used solely for job-
related purposes and not for personal purposes, and that I have no expectation of privacy in
connection with the use of this equipment or with the transmission, receipt, or storage of
information in this equipment.
I agree not to use a code, access a file, or retrieve any stored communication unless authorized. I
acknowledge and consent to the City monitoring my use of this equipment at any time at its
discretion. Such monitoring may include, but is not limited to, printing up and reading all E-mail,
computer data files or voice mail entering, leaving, or stored in these systems.
Name of Employee (Please Print)
Employee's Signature Date
Name of Management Witness(Please Print)
Signature of Witness Date
APPENDIX K
UNITED CITY OF YORKVILLE EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST
UNITED CITY OF YORKVILLE
EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST
Date:
To: Department:
From: Department:
I would like to notify you of my need to take family/medical leave due to:
Leave to begin on: and to continue until on or about:
Signed: (Employee Signature)
(a) 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 leave.
(b) 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.
(c) 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.
(d) Upon return,the City will place the employee in his or her previous assignment, if vacant; if
not 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 the 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 or she shall go directly on layoff.
(e) 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.
Employer Response to Employee U.S. Deparbnent of Labor
Bequest for Family or Medical Leave Employment Standards Administration
(Optional Use Form—See 29 CFR§825.301) Wage and Hour Division
(Family and Medical Leave Act of 1993)
OMB No.:1215-0181
Date: Expires:07/31/03
Ta
(Employees Hama)
From:
(rdm.o/Appeoprfete Empoyar RspmwntaNw)
Subject: REQUEST FOR FAMILY)MFAICAL LEAVE
On ,you notified us of your need to take family/medical leave due to:
(Dam)
❑ The birth of a child,or the placement of a child with you for adoption or foster care;or
❑ A serious health condition that makes you unable to perform the essential functions for your job:or
❑ A serious health-condition affecting your ❑ spouse, ❑ child, ❑ parent,for which you are needed to
provide care.
You notified us that you need this leave beginning on and that you expect .
(Dab)
leave to continue until on or about
(DOW.
Except as explained below,you have a right under the FMLA for up to 12 weeks of unpaid leave in a 12-month
period for the ressons-listed above. Also,your health benefits must be maintained during any period of unpaid
leave under the same conditions as lf you continued to work;and you must be reinstated to the some or an
equivalent job with the same pay,benefits,and terms and oondid"of employment on your return from leave. if
you do not return to work following FMLA-lesve for a reason other than:(1)the continuation,recurrence,or onset
of a serious health condition which would entitle you to FMLA leave; or (2) other circumstances beyond your
control,you may be required to reimburse us for our share of health Insurance premiums paid on your behalf during
your FMLA leave.
This is to inform you t hat:(ehuh apprtprtata eom;.r 0 wt,sm eareaeOM
1. You are ❑ eligible ❑not eligible for leave under the FMLA-
2. The requested leave ❑will ❑will not. be counted against your annual FMLA leave entitlement
3. You ❑ will ❑ will not be required to fumish medical certification of a serious health condition. If required,
you must furnish certification by gnat date) (must best least 15 days
after you are notified of this requirement),or we may delay the commencement of your leave until the cxrtfication
is submitted.
4. You may elect to substitute accrued paid leave for unpaid FMLA leave.We ❑will ❑will not require that
you substitute accrued paid leave for unpaid FMLA leave.If paid leave will be used,the following conditions wig
apply:(FVWN
famwraei
aer..Arr tGY7
5.(a)If you normally pay a portion of the premiums for your health insurance,these payments will continue during
the period of FMLA leave.Arrangements for payment have been discussed with you,and it is agreed that
you will make premium payments as follows:(Set f ffi dates,e.g.,the 10th of each month,or pay periods,
etc that specdkelfy cover the Weernent with the employee.)
(b)You have a minimum 304sy(or,indcate longer-padod,N applicable)grace period in which to make premium
payments.If payment is not made timely,your group health insurance may be cancelled,provided we notify
you in writing at least 15 days bore the date that your health coverage will lapse,or,at our option,we may
pay your share of the premiums during FMLA leave,and recover these payments from you upon your return
to work.we will ❑ ❑will not pay your share of heakh insurance premiums while you aro on leave.
(c) We ❑ will ❑ will not do the some with,other benefits (e.a. life insurance, disability insurance, etc.)
while you are on FMLA leave.If we do pay your premiums for other benefits,when you return from leave you.
E3 will ❑ will not be expected to reimburse us for the payments made on your behalf.
S. You ❑ will ❑ will not be required to present a fitneWor-duty certificate prior to being restored to
employment if such certification is required but not reoehred, your return to work may be delayed until
oerdfication is provided.
7.(a)You ❑are❑are not a-key employes'as described In§825.217 of the FMLA regulations.If you ere a
'key employee:'restoration to employment may be denied following FMIA leave on the grounds that such
restoration will cause substantial and grievous economic injury to us as discussed In 18252%
(b)We ❑have '13, have not determined that restoring you to employment at the conclusion of FMLA leave
will cause substantial and grievous economic harm to us. (Explain(a)andlor(b)below. See§825.279 of
the FPAA regulations.)
8. While on leave,you ❑ will ❑ will not be required to furnish us with periodic reports every
(Indicate Interval of perilodc rspnrts,as sppropriate for the particular leavfs s UmbOn)
of your status and intent to return to work(see§825.309 of the FMLA regulations).H the circumstances of
your leave change and you are able to return to work earlier than the date indicated on the reverse side of
this form,you ❑will ❑will not be required to notify us at least two work days prior to the date you
Intend to report to work.
9. You ❑will ❑will not be required to furnish recertification relating to a serious health condion.(Explain
below if necessary, Including the interval between eerIlfte Yoxns as prescribed in§825.308 of the FhM"A
regulations.)
Thle opkaW race form nuy be u ed to sad*mend"unpwy«nquirernerds to prevkle aMbyaes takkp FMLA been vft wrwn nak@
dehiing epsdI eapeeteMns and obkpWlaa of he employee and woeir kq any correqusno"of a faire b metal irae obkpkmbs.
(29 CFR M.301(b).)
Nola.Persons are not regrdnd b nepord b 8*coNsWon of kdonnadon union k dbpbye a errantly veld OMB aDneat nanber.
Public Burden Statement
We eetlmate that a will tike an average of 5 minutes to cm. tlas oo0eetlan or kaamstbn.kkbbrq no nine for revlewkq kabna5ons.
swrdfing o Wng dab sources,gufinekfg and mWnb V ifs data need e4 and eo ""M arse rrvbwing tlw asedlon of k*XM0 lean.i you.
hew any oorrrrreraa regerdkfg 110 burden mdaule of any Dior aspect of tlW amscoan d Moirneft kuAatlrg swommona for redinMq
no bur den.nand Own to the AdW,*MSW,Wage and Now bivldan,OeparNrent of Labor.Row m 8-3502.200 C neftfion Avenu,N.W.,.
WaehMgton.cc 20210.
DO NOT SEND THE COMPLETED FORM TO THE OFFICE SHOWN ABOVE.
APPENDIX L
RESOLUTION#2001-31 —CREDIT FOR MILITARY SERVICE IN IMRF
RESOLUTION#2001-31
RESOLUTION TO ALLOW SERVICE CREDIT FOR MILITARY
SERVICE IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
WHEREAS, Article 7 of the Illinois Pension Code (40 ILES 5/7-139) provides that the
governing body of a governmental unit may elect to allow service credit in the Illinois Municipal
Retirement Fund to members who served in the arnled forces of the United States for all periods of
such service prior to their participation in DvIRF OR whose participation was interrupted by
military leave but did not return to IMRF participation within 90 days of discharge; and
WHEREAS, such allowance of service credit cannot be limited to a specific EVIRF member
and applies to all employees who were in active participating status under MIRF on the date this
resolution was adopted;
THEREFORE, BE IT RESOL VED that the City Council of the UNITED CITY OF
YORKVILLE elects to allow service credit to members who served in the armed forces of the
United States for up to two years of service, prior to their participation in the Illinois Municipal
Retirement Fund,
THEREFORE, BE IT FURTHER RESOL VED that the City Clerk shall be directed to file
a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement
Fund and that this resolution shall remain in full force and effect until modified or rescinded and
notice of such modification or recision has been filed with the Board of Trustees of the Illinois
MAYO
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
Day of A.D.204.
Atte -�-
a�- CITY c�>✓ExI1-
CERTIFICATION
I,— co c . s xr��CYI the Clerk of the United City of Yorkville, of the County of
Kendall State of Illinois,do hereby certify that I am the keeper of it's books and records and that the
foregoing is a true and correct cop !�fsolution duly adopted by it's city Council at a meeting
duly convened and held on the .--�—day of June,2001
Seal
City Clerk, United City of Yorkville
APPENDIX M
RESOLUTION#01-23 —ACCRUAL OF DENTAL AND VISION BENEFITS
RESOLUTION#01-23
RESOLUTION PERMITTING ACCRUAL OF DENTAL AND VISION BENEFITS
WHEREAS, the United City of Yorkville provides certain health insurance benefits for its
employees; and
WHEREAS, the United City of Yorkville provides to its employees and their families
reimbursement for dental of One Hundred Fifty Dollars and 00/100 ($150.00)for the employee,
One Hundred Twenty-Five Dollars and 00/100 ($125.00)for the spouse, and One Hundred
Twenty-Five Dollars and 00/100 ($125.00) for each dependent; and reimbursement for vision of
One Hundred Fifty Dollars and 00/100($150.00) for the employee, One Hundred Twenty-Five
Dollars and 00/Loo ($125.00)for the spouse, and One Hundred Twenty-Five Dollars and 00/100
($125.00)for each dependent, for expenses that ordinarily must be expended by the employee each
City fiscal year to be eligible for reimbursement; and
WHEREAS,the Mayor and City Council deem it to be in the best interest of the City to
provide for City employees to accrue and carry over any unused reimbursement for dental and
vision expenses for its work force for a total period of three(3)fiscal years and to allow them to
use the benefits cumulatively:
NOW THEREFORE BE IT RESOL VED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Alderman voting, that City
employees are hereby permitted to accrue and carry over any unused amounts for dental and vision
expenses for a total period of three(3)fiscal years and that the employees shall be permitted to use
said benefits cumulatively.
PAUL JAMES MARTY.MUNNS
RICHARD SnCKA MIIM ANDERSON
VALERIE BUR]) ROSE SPEARS
LARRY KOT. JOSEPH BESCO
APPROVED byme, Mayorofthe United CityofY.odmlle,Kendall County,IllmOie,this
a day of A.D.204.:;
MAYOR
PASSED by dw 'ty Council of the United City ofYoda+ille,Kendall County,Illinois this
aay of A.D.201L. ^
Attest•
Prepared by:
Law Offices of Daniel J.Kramer
1107A S.Bridge Street
Yodmille,Illinois 60.560
630.553.9500
APPENDIX N
UNITED CITY OF YORKVILLE OFF-PREMISES TRAINING HOURS WORKED
UNITED CITY OF YORKVILLE
OFF-PREMISES TRAINING HOURS WORKED AGREEMENT
You are enrolling in (name of program)
sponsored by (name of agency)
This training program will be conducted on (date)
(or from to )
and held at (location)
This is a (length) training program.
A. You will be compensated at your regular rate of pay for the following activities:
1. Classroom hours.
2. Travel time for training or courses outside the Chicago Metropolitan Area
(Six County Region):
a. As a driver.
b. As a passenger if trip is all in one day.
C. As a passenger if trip is overnight for travel during normal work
hours.
Hours of worked allowed: (To be initialed
Employee Acknowledgement: I have read this agreement, understand its contents and
agree to comply with its stipulations.
Employee Name, Typewritten
Employee Signature Date
Signature of supervisor receiving signed agreement Date
APPENDIX O
RESOLUTION#1994-16—INTERNAL REVENUE CODE 457 DEFERRED COMPENSATION
RESOLUTION#1994-16
RESOLUTION AUTHORIZING INTERNAL REVENUE CODE 457
DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF THE
UNITED CITY OF THE VILLAGE OF YORKVILLE.
WHEREAS,the Mayor and City Council, on behalf of the employees of the United City of
the Village of Yorkville, wish to create the opportunity for their employees to participate in an
Internal Revenue Code 457 Deferred Compensation Plan; and
WHEREAS,the participation in said plan by the employees of the United City of the
Village of Yorkville creates no new liabilities or financial obligations on behalf of the City of
Yorkville, but rather creates the opportunity for financial benefit and favorable tax treatment on the
part of its employees; and
WHEREAS, the City Council has considered the plans being offered by First of America
for said Deferred Compensation Program; and
WHEREAS, First of America Bank is currently acting as Plan Supervisor for a Deferred
Compensation Plan through First of America Brokerage; and
WHEREAS, it is the desire of First of America Brokerage to offer to the employees of the
City of Yorkville this service with either or both the Kemper and Parkstone Variable Annuities;
and
WHEREAS, by authorization of the Deferred Compensation Plan, all regulatory,
administrative, and fiduciary responsibilities are hereby assumed by First of America Brokerage
on behalf of the City of Yorkville; and
WHEREAS, First of America Brokerage as Plan Supervisor agrees to hold harmless and
indemnify the City of Yorkville, its appointed and elected officers and participating employees
from any loss resulting from First of America Brokerage of its agent's failure to perform its duties
and services pursuant to the Deferred Compensation Program:
NOW THEREFORE, THE UNITED CITY OF THE VILLAGE OF YORKVILLE, UPON
MOTION DULY MADE, SECONDED, AND APPROVED BY A MAJORITY OF THOSE
ALDERMEN VOTING ON SAID ISSUE,DOES HEREBY RESOL VE TO APPROVE THE
DEFERRED COMPENSATION PLAN OFFERED BY FJRST OF AMERICA BROKERAGE AS
A VIABLE PLAN FOR ALL ELIGIBLE UNITED CITY OF THE VILLAGE OF YORKVILLE
EMPLOYEES,
Passed and Approved this day of 1994.
Mayor
ATTEST:
clerk
APPENDIX P
RESOLUTION#96-2—AURORA EARTHMOVERS CREDIT UNION
RESOLUTION#96-2
RESOLUTION AUTHORIZING EMPLOYEES OF
THE UNITED CITY OF THE VILLAGE OF YORKVILLE
TO BE MEMBERS OF THE AURORA EARTHMOVERS CREDIT UNION
NOW BE IT RESOLVED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE THAT:
1. That all employees of the UNITED CITY OF THE VILLAGE OF YORKVILLE are
authorized to become members of the Aurora Earthmovers Credit Union.
2. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will assist in any
necessary or required payroll deductions and payments to the Aurora Earthmovers Credit Union for
any of the employees who become members.
3. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will execute any
necessary documents to assist the employees of the UNITED CITY OF THE VILLAGE OF
YORKVILLE becoming members of the Aurora Earthmovers Credit Union.
PASSED AND.APPROVED this day of ; 1996.
ATTEST:
r1,_j'
CTTY.CLERK