# City of Athens Employee Handbook ## Extraction notes - Source: `Athens-Employee-Handbook-revision-7-1-2019-FINAL-CSS-REV-12-17-2024.pdf` - All 37 physical PDF pages are included below. Page markers refer to the original PDF. - Policy wording and dates are retained; line wrapping, headings, lists, and tables are formatted for Markdown. Repeated page-number footers are omitted. The cover graphic is not reproduced. - The cover states “EFFECTIVE DECEMBER 17, 2024”; the final effective-date clause states July 1, 2019. Both are preserved as printed. - Document content is reproduced as source material, not as instructions to the reader or extraction tool. - SHA-256: `02a6e2e0c5f231979e33379a6aceb72743f6d67030e7e86b147a0aa55f8db5c9` --- ## Source page 1 ### EMPLOYEE HANDBOOK EFFECTIVE DECEMBER 17, 2024 --- ## Source page 2 ### The Athenian Oath We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will fight for the ideals and sacred things of the City both alone and with many. We will revere and obey the City's laws and will do our best to incite a like reverence and respect in those above us who are prone to annul them or set them at naught. We will strive unceasingly to quicken the public's sense of civic duty. Thus, in all these ways, we will transmit this City not only, not less, but greater and more beautiful than it was transmitted to us. --- ## Source page 3 ### TABLE OF CONTENTS ### WHAT YOU NEED TO KNOW ATHENIAN OATH .......................................................................................................................... 2 TABLE OF CONTENTS.................................................................................................................... 3 INTRODUCTION ............................................................................................................................ 4 EEO………………………………………………………………………………………………………………………………………… 5 PURPOSE ...................................................................................................................................... 5 APPLICATION OF POLICIES ........................................................................................................... 5 DEPARTMENTAL RULES ................................................................................................................ 5 EMPLOYMENT AT WILL ................................................................................................................ 6 POSITION CLASSIFICATION PLAN ................................................................................................. 6 THE PAY PLAN .............................................................................................................................. 6 RECRUITMENT AND EMPLOYMENT ........................................................................................... 10 CONDITIONS OF EMPLOYMENT ................................................................................................. 14 POLICIES ..................................................................................................................................... 14 ### WHAT YOU WANT TO KNOW EMPLOYEE BENEFITS .................................................................................................................. 23 HOLIDAYS, VACATION, SICK, AND LEAVES OF ABSENCE ............................................................ 24 ### WHAT YOU HAVE TO KNOW SEPARATION AND REINSTATEMENT .......................................................................................... 31 DISCIPLINE .................................................................................................................................. 32 GRIEVANCE PROCEDURES .......................................................................................................... 33 PERSONNEL RECORDS AND REPORTS ........................................................................................ 35 --- ## Source page 4 ### INTRODUCTION Welcome to Team Athens! Whether you are just joining Team Athens, or if you have been here a while, we are confident that you will find the City of Athens a dynamic and rewarding place to work. We consider the employees of the City of Athens to be our most valuable resource, and we are excited for the future and building a productive, successful team. This handbook is intended to serve as a guide to the employee/employer relationship so there are a few things to keep in mind. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit or the applicability of a policy or practice to you, you should address your specific questions to the Human Resources Department. Neither this handbook nor any other City document confers any contractual right; either express or implied, to remain in the City's employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any specific time and may be terminated at will with or without cause and without prior notice by the City, or you may resign for any reason at any time. No supervisor or other representative of the City has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the above. The procedures, practices, policies, and benefits described here may be modified or discontinued from time to time. We will do our best to inform you of any changes when they occur. Some subjects described in this handbook are covered in detail in administrative policy documents. Refer to these documents for specific information because the handbook only briefly summarizes those guidelines and benefits. Please note that the terms of the written insurance policies are controlling and override any statements made in this or other documents. It is the purpose of this policy and the rules and regulations set forth to establish a fair and uniform system of personnel administration for all employees of the City under the supervision of the City Manager. This handbook is divided into three sections: What you need to know; What you want to know; What you have to know. --- ## Source page 5 ### WHAT YOU NEED TO KNOW ### EQUAL EMPLOYMENT OPPORTUNITY POLICY It is the policy of the City to foster, maintain, and promote equal employment opportunity. The City shall select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation, opportunity for training and advancement, including upgrading and promotion, and conditions of employment, without regard to race, color, religion, sex (including pregnancy), national origin, political affiliation, marital status, genetics, or because an individual is forty (40) or more years of age, or any other federally protected class. The City will not discriminate against a qualified individual with a disability because of the disability in regard to job application procedures, hiring or discharge, employee compensation, job training, or other terms, conditions and privileges of employment. Applicants with physical disabilities shall be given equal consideration with other applicants for positions in which their physical disabilities do not represent an unreasonable barrier to satisfactory performance of duties. ### PURPOSE It is the purpose of this policy and the rules and regulations set forth to establish a fair and uniform system of personnel administration for all employees of the City under the supervision of the City Manager. This policy is not to be construed as a contract between the City of Athens and its employees and does not in any way imply or create any rights, contractual or otherwise, on behalf of the City’s employees to continued employment or a specific duration of employment. The City may, at its sole discretion, alter or amend this policy or portions thereof at any time. ### APPLICATION OF POLICIES, PLANS, RULES, AND REGULATIONS The employee handbook and all personnel policies and regulations shall be binding on all City employees. The City Manager, City Attorney, City Judge, and members of the City Council and advisory boards and commissions will be exempted except in sections where specifically included. Temporary employees shall be subject to all articles except in sections where specifically excluded. An employee violating any of the provisions of this policy shall be subject to appropriate disciplinary action, as well as prosecution under any civil or criminal laws which have been violated. The City Manager, or his designee, shall be responsible for the administration of these policies. The City Manager, subject to the approval of the City Council, may adopt administrative policies and procedures not in conflict with these provisions that supplement or augment the established policies. As part of this administration, the City Manager shall establish the personnel function, subject to the approval of the City Council, and may delegate to the head of this function responsibility for administering various procedural and technical phases of the personnel program. ### DEPARTMENTAL RULES AND REGULATIONS Due to the personnel and operational requirements of the various departments of the City, each department is authorized to establish supplemental rules and regulations applicable only to the personnel of that department. All such rules and regulations shall be subject to the approval of the City Manager, with the approval of the City Council, and shall not in any way conflict with the provisions of this Policy but shall be considered as a supplement to this Policy. --- ## Source page 6 ### EMPLOYMENT AT WILL While in the normal course of events, the City of Athens intends to follow the practices set forth in these materials and other City publications, certain situations may occur in which the City will not follow the procedures outlined. In such situations, the City has and shall continue to have the power to take appropriate action including, but not limited to changing compensation, working conditions, or dismissing employees with or without cause. ### POSITION CLASSIFICATION PLAN The position classification plan provides a complete inventory of all authorized and permanent positions in the City service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities. The classification plan shall consist of a grouping of positions in grades which are approximately equal in difficulty and responsibility which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions. The plan shall contain class titles descriptive of the work of the class, written specifications for each class of positions, and an allocation list showing the class title of each position in the City service. The classification plan is to be used as a guide in recruiting and examining applicants for employment, determining lines of promotion and in developing employee training programs, determining pay for various types of work, determining personnel service items in departmental budgets, and providing uniform job terminology. ### ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN The City Manager shall allocate each position covered by the classification plan to its appropriate grade and shall be responsible for the administration of the position classification plan. The City Manager shall periodically review portions of the classification plan to meet changing positions and make recommendations for appropriate changes. These changes will be submitted to the City Council for approval. Minor revisions to position job descriptions, such as changes in essential functions, minimum job standards, physical activities or requirements, shall be submitted by the Department Head for review by Human Resources and approval by the City Manager. These minor revisions shall not alter the level of responsibility or the job description so as to warrant a reclassification of the position. ### REQUEST FOR RECLASSIFICATION Any employee who considers the position in which classified to be improper shall submit a request in writing for reclassification to such employee's immediate supervisor or Department Head. The City Manager will consider the request and if approved, the City Manager may forward the recommendation to the City Council for consideration and action. ### THE PAY PLAN The pay schedule, consisting of both category and grade level, as approved by City Council, is hereby adopted as the pay plan for the City of Athens, and shall be on file in the Human Resources Department. The pay plan includes the basic pay schedule and the assignment of classes to grades and ranges adopted by the Council. The pay schedule consists of steps for minimum, or beginning, and maximum rates of pay --- ## Source page 7 for all classes of positions, exempt or non-exempt status, and a designation of the standard hours in the work week for each position. ### ADMINISTRATION AND MAINTENANCE The City Manager shall be responsible for the administration and maintenance of the pay plan. All employees covered by the pay plan shall be paid at a rate listed within the pay range established for the respective position classification, except for employees in trainee status or employees whose existing salaries are above the established maximum rate following transition to a new pay plan. The pay plan is intended to provide equitable compensation for all positions, reflecting differences in the duties and responsibilities, the comparable rates of pay for positions in private and public employment in the area, changes in the cost of living, the financial conditions of the City, and other factors. To this end, from time to time the City Manager shall make comparative studies of all factors affecting the level of pay ranges and will recommend to the City Council such changes in pay ranges as appear to be pertinent. Such assignments will be made by increasing or decreasing the assigned pay grade for the class and adjusting the rate of pay for employees in the class when the action is approved by the City Council. ### STARTING SALARIES All persons employed in positions approved in the position classification plan shall be employed at the minimum pay for the classification in which they are employed. The City Manager may approve the employment of exceptionally well-qualified applicants above the minimum of the established pay range. ### TRAINEE DESIGNATION AND PROVISIONS Applicants being considered for employment or City employees who do not meet all of the requirements for the position for which they are being considered may be hired, promoted, demoted, or transferred with the approval of the City Manager to a "trainee" status. In such cases, a plan for training, including a time schedule, must be prepared by the Department Head and approved by the City Manager. "Trainee" salaries may be no more than two grades below the minimum pay established for the position for which the person is being trained. A new employee designated as trainee shall be regarded as an introductory employee. If the training is not successfully completed as planned, the trainee shall be transferred, demoted, or dismissed. If the training is successfully completed, the employee shall be paid at least at the minimum rate established for the position for which the employee was trained. ### SALARY EFFECT OF PROMOTIONS, DEMOTIONS, TRANSFERS, AND RECLASSIFICATIONS Promotions. When an employee is promoted, the employee's pay shall normally be advanced to the minimum level of the new position, or to a pay that provides an increase of approximately 4% over the employee's pay before the promotion, provided, however, that the new pay may not exceed the maximum rate of the new pay range. The purpose of the promotion pay increase is to recognize and compensate the employee for taking on increased responsibility. Demotions. When an employee is demoted to a position for which they are qualified, the pay shall be set at the rate in the lower pay range that provides at least a 4% decrease in pay or to the maximum of the new range, if action is not for disciplinary action. If the demotion is for disciplinary action, the pay shall be decreased at least approximately 8%, or to the maximum of the new range. --- ## Source page 8 Transfers. The pay of an employee reassigned to a position in the same class or to a position in a different class within the same pay range shall not be changed by the reassignment. Reclassifications. An employee whose position is reclassified to a class having a higher pay range may receive a pay increase to the minimum of the new pay range or remain at the current level, whichever is higher. If the position is reclassified to a lower pay range, the employee's pay shall remain the same. If the employee's pay is above the maximum established for the new range, the pay of that employee shall be maintained at the current level until the range is increased above the employee's pay. In this situation, employees will be eligible for bonus pay as established by City policy. ### SALARY EFFECT OF PAY RANGE REVISIONS When a class of positions is assigned to a higher pay range, employees in that class may receive a pay increase to the minimum of the new pay range or remain at the current level, whichever is higher. When a class of positions is assigned to a lower pay range, the salaries of employees in that class will remain unchanged. If this assignment to a lower pay range results in an employee being paid at a rate above the maximum step established for the new class, the pay of that employee shall be maintained at that level until such time as the employee's pay range is increased above the employee's current pay. In this situation, employees will be eligible for bonus pay as established by City policy. ### HOURS OF WORK AND OVERTIME PAY PROVISIONS Employees of the City may be required to work overtime hours as necessary in order to provide services to the citizens and guests of Athens. Except for those employees who are scheduled to work fluctuating hours or scheduled shifts, normal working hours are established as 8:00 a.m. to 5:00 p.m. During these hours, employees shall be relieved of duties for a one-hour period for lunch. The normal workweek is established as Saturday midnight through Saturday midnight and offices will be open to the general public Monday through Friday, except for holidays and other occasions as may be deemed by the City Manager. Any departure from the designated working hours or the designated workweek shall be submitted in writing to Human Resources for review and will be subject to the approval of the City Manager. If it is necessary for employees to work beyond the normal working hours, all full time and regular part- time employees with a Non-Exempt position designation will be paid overtime for hours worked over forty (40) at a rate of one and one-half times their normal rate of pay, with the exception of the police and fire departments, whose overtime is determined under the 207k exemption for Fire Protection and Law Enforcement employees. Vacation, sick, compensatory, or holiday hours will not be included in hours worked. Employees may be directed to take time off during the workweek to avoid working over forty (40) hours. All overtime hours will be defined as necessary and shall be scheduled by the Department Head prior to the occurrence. An explanation of the overtime will be recorded on the timesheet during the pay period in which it occurred for review by the Human Resources Department. Employees with an exempt position classification shall be compensated on a whole-job basis and shall not be subject to the overtime provisions of the Fair Labor Standards Act, unless approved by the City Manager. Compensatory time shall not be accrued for hours worked over forty unless the Department Head submits a written request citing unusual and extenuating circumstances. This request shall be subject to approval of the City Manager. --- ## Source page 9 In the event that overtime is necessary because of an unplanned, adverse, or emergency situation, the Department Head shall give the employee as much notice as possible prior to the occurrence. All overtime shall be reported immediately or as soon as practical and shall be subject to review. In emergency situations where employees are required to work long and continuous hours, the City Manager may approve compensation at time and one half for those hours worked and/or grant time off with pay for rest and recuperation to ensure safe working conditions. All other situations or scenarios relative to the work week, work hours, overtime, compensatory time, or departmental procedures not specifically addressed in this policy shall be subject to review by the Human Resources Director and approval of the City Manager. ### CALL-BACK AND STAND-BY PAY The City provides a continuous twenty-four hour a day, seven day a week service to its customers. Therefore, it is necessary for certain employees to respond to any reasonable request for duty at any hour of the day or night. One of the conditions of employment with the City is the acceptance of a share of the responsibility for continuous service, in accordance with the nature of each job position. If an employee fails to respond to reasonable calls for emergency service, either special or routine, the employee shall be subject to disciplinary actions up to and including dismissal. Non-exempt employees may also be assigned to "stand-by" duty for a specified period of time. Actual hours worked will be paid in accordance with the provisions of this policy, departmental policies, and the Fair Labor Standards Act. Departments subject to callback or stand-by duty shall establish and maintain a policy stating specific procedures. Such policies shall be approved by the City Manager prior to implementation. ### PAYROLL DEDUCTIONS Deductions shall be made from each employee's pay, as required by law. Additional deductions may be made upon the request of the employee on determination by the Human Resources Director or Director of Finance, and the City Manager as to the capability of payroll equipment and appropriateness of the deduction. All employees shall be paid on a bi-weekly basis. ### PERFORMANCE EVALUATIONS To achieve the City’s goal to train, promote, and retain the best qualified employee for every position, the City may conduct periodic performance evaluations. The City Manager is responsible for developing and maintaining the City's performance evaluation program. Employee performance evaluations are meant to aid in the development of employees in their positions, for the benefit of the person, the organization, and the community. Informally, supervisors and employees have a daily responsibility to talk about job issues and offer guidance on improvements. Formally, the City Manager is authorized to establish and administrate evaluation programs for all employees and officers of the City. Evaluations shall be shared with each employee but shall be confidential between the employee and management to the fullest extent permitted by law. --- ## Source page 10 ### RECRUITMENT AND EMPLOYMENT ### RECRUITMENT, SELECTION, AND REJECTION Recruitment Sources. When position vacancies occur, Department Heads shall notify Human Resources concerning the number and classification of positions that are to be filled. Individuals shall be recruited from a geographic area as wide as necessary to ensure that well-qualified applicants are obtained for City service. Temporary staffing agencies and the Tennessee Employment Security Department may be utilized as necessary. Job Advertisements. Human Resources shall publicize opportunities for employment, including applicable pay information and employment qualifications. Information on job openings and hiring practices shall be provided to recruitment sources, including organizations and news media available to minorities and applicants with disabilities. In addition, notice of vacancies shall be posted at designated conspicuous sites within departments. Employment advertisements shall contain assurances of equal employment opportunity and shall comply with Federal and State statutes. Application for Employment. During regular business hours, all persons expressing interest in employment with the City shall be given the opportunity to file an application for employment for positions that are vacant. Reasonable accommodations in the application process will be made for applicants with disabilities making a request for such accommodations. Application Reserve File. Applications shall be kept in an inactive reserve file for a period of two years, in accordance with Equal Employment Opportunity Commission guidelines. Selection. Department Heads shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position. All selection devices administered by the City shall be valid measures of job performance. Rejection. An application or applicant shall be rejected for any of the following reasons: a. The application was not filed within the period specified in the examination announcement or was not filed on the prescribed form. b. The applicant does not possess the minimum qualifications. c. The applicant has made a false statement(s) on the application. d. The applicant is currently using illegal drugs or narcotics as determined by a post-offer, pre-employment drug test. e. The applicant does not reply to a mail inquiry within ten (10) calendar days or does not return a telephone inquiry within two (2) business days, and/or fails to accept appointment within the time prescribed in the offer. f. The applicant is found to have been convicted of a felony or misdemeanor dependent upon the nature and gravity of the offense, the time passed since the offense, and the nature of the job sought. ### NEPOTISM Employees shall not supervise members of his/her immediate family. Immediate family members of policy level officials will not be employed by the City. "Immediate family" includes an employee's parent, child, spouse, brother, sister, in-laws, and step relationships. --- ## Source page 11 If a personal relationship is established between employees post-hire, it is the responsibility and obligation of the employees involved to disclose the existence of the relationship to the Human Resources Department. If a conflict arises, the City has the right to make any and all employment decisions in the best interest of the City. ### EXAMINATIONS Recruitment by Examination. This validated test, when required, will include a written demonstration designed to show the applicant’s familiarity with the knowledge involved in the class of positions to which he/she is seeking employment. Types of Examinations. The examination(s) held to establish eligibility for any class shall consist of one or more of the following parts: Written Test. This test shall include a written demonstration designed to show the familiarity of competitors with the knowledge involved in the class of positions to which they seek appointment, their ability in the use of English, the range of their general information, or their general educational attainments. Oral Interview. This test shall include a personal interview with competitors for classes of positions where ability to deal with others, to meet the public, or other personal qualifications are to be evaluated. An oral test may be used in examinations where a written test is unnecessary or impractical or as a reasonable accommodation to someone unable to take a written test due to a disability. Performance Test. This test will involve performance tests as would aid in determining the ability and manual skills of applicants to perform the work involved. The performance test may be given weight in the examination process or may be used to exclude from further consideration applicants who cannot perform the essential functions of a specific position due to a disability that cannot reasonably be accommodated, or who pose a direct threat to themselves or others. Physical Agility Test. This test consists of job-related tests of bodily conditioning, muscular strength, agility, and physical fitness of job applicants for a specific position. This test may be given weight in the examination process or may be used to exclude from further consideration applicants who do not meet the minimum required physical job-related standards. Psychological Test. This test shall include any test to determine mental alertness, general capacity of applicants to adjust their thinking to new problems, or to ascertain special character traits and aptitudes. Training and Experience. This test shall be obtained and evaluated from statements of education and experience contained in the application form or from such supplementary data as may be required. Medical Examinations. In accordance with the American with Disabilities Act, applicants for positions in the City service may be required to undergo a post-offer medical examination to determine physical and mental fitness to perform the essential functions of the position to which appointment is to be made. --- ## Source page 12 All employees of the City during their period of employment may be required by their Department Head to undergo periodic medical examinations to determine their continued physical and mental fitness to perform the work of the position in which they are employed. Such periodic medical examinations shall be at no expense to the employee. Determination of physical or mental fitness will be by a physician or physicians designated by the Human Resources Director. When an employee of the City is reported by the examining physician to be physically or mentally unfit to perform work in the position which he/she is employed, such employee may, within five (5) days from the date of his/her notification of such determination by the examining physician, indicate in writing to the Human Resources Director his/her intention to submit the question of his/her physical or mental unfitness to a physician of his/her own choice. In the event there is a difference of opinion between the examining physician and the physician chosen by the employee, then a physician shall be mutually designated by the examining physician and physician chosen by the employee, whose decision shall be final and binding as to the physical or mental fitness of the employee to perform the work of the position in which he/she is employed. The City shall pay its physician; the employee shall pay his/her physician; and the third physician shall be paid by the party whose contentions shall not have been upheld. Applicants determined to be physically or mentally unfit for service shall not be considered for appointment. An employee finally determined to be physically or mentally unfit to continue in the position in which he/she is employed may be demoted or separated from the City service. ### APPOINTMENT Before any commitment is made to an applicant, either internal or external, the Department Head shall make a recommendation to the City Manager that includes pay rate, start date, end dates where applicable, and the rationale for the selection. The City Manager shall approve appointments and the starting pay for all applicants. Provisional Appointments. When the Human Resources Director is unable to certify eligible candidates for a vacancy because there is not a sufficient number of persons willing to accept appointment, the City Manager may authorize the Department Head to fill the vacancy by a provisional appointment. Provisional appointments require the prior approval of the City Manager, and no payment shall be made for services rendered by the appointee prior to such approval. Emergency Appointments. In an emergency, the City Manager may authorize the appointment of any qualified person in the position to prevent stoppage of public business or loss or serious inconvenience to the public. Emergency employees shall not be entitled to any benefits. Student Appointments. With the approval of the City Manager, students majoring in fields of value to the City, from qualified cooperating educational institutions, may be employed on an “internship” basis for a specified period of time. ### INTRODUCTORY PERIOD AND PERFORMANCE IMPROVEMENT PLAN An employee appointed or promoted to a permanent position shall serve an introductory period of twelve (12) months. Police personnel employed prior to graduating from the police academy will begin serving a one-year introductory period from the date of becoming POST certified by (1) graduation from an accredited academy or (2) successfully passing the POST challenge written test. Employees serving an --- ## Source page 13 introductory period following initial appointment may be dismissed at any time during the introductory period. During the introductory period, supervisors shall monitor an employee's performance and communicate with the employee concerning performance progress. Before the end of the introductory period, the supervisor shall conduct a performance evaluation conference with the employee and discuss accomplishments, strengths, and needed improvements. A summary of this discussion should be documented in the employee's personnel file. The supervisor shall recommend in writing whether the introductory period should be completed, extended, or the employee be transferred, demoted, or dismissed. Introductory periods may be extended for a maximum of three additional months. Disciplinary action, including demotion and dismissal, may be taken at any time during the introductory period of a new hire without following the steps outlined in this Policy. A promoted employee who does not successfully complete the introductory period may be transferred or demoted to a position in which the employee shows promise of success. If no such position is available, the employee shall be dismissed. In the event that a full-time employee, who has successfully completed the initial introductory period, rates an unsatisfactory performance evaluation, the Department Head may recommend to the City Manager that the employee be placed on a performance improvement plan for a period of three (3) months. Within this time period, the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by the Department Head and the City. The Department Head shall determine whether the performance improvement plan has been completed satisfactorily or if their performance remains unsatisfactory and make a recommendation to the City Manager whether the employee meets the requirements of the position or if further disciplinary action is necessary. ### PROMOTION Promotion is the movement of an employee from one position to a vacant position in a class assigned to a higher pay range. It is the City's policy to create career opportunities for its employees whenever possible. Candidates for promotion shall be chosen on the basis of their qualifications and their work records of overall job performance. Candidates shall apply for promotions using the same application process as external candidates. No employee shall be deemed eligible for a promotion whose last performance appraisal was not satisfactory. ### DEMOTION Demotion is the movement of an employee from one position to a position in a class assigned to a lower pay range. An employee whose work or conduct in the current position is unsatisfactory may be demoted provided that the employee shows promise of becoming a satisfactory employee in the lower position. Such demotion shall follow the disciplinary procedures outlined in this Handbook. An employee who wishes to accept a position with less complex duties and reduced responsibilities may request a voluntary demotion. A voluntary demotion is not a disciplinary action and is made without using the disciplinary demotion procedures in this Handbook. An employee may be demoted because the current position is being abolished which would result in a layoff; the position is being reclassified to a higher grade and the employee lacks the necessary skill to successfully perform the job; there is a lack of work; there is a lack of funds; or because another employee, returning from authorized leave, will occupy the position to which the employee is currently assigned. An employee may be demoted as a reasonable accommodation when an employee, due to a disability, becomes unable to perform the essential functions of the job. --- ## Source page 14 ### TRANSFER Transfer is the movement of an employee from one position to a position in a class in the same pay range. If a vacancy occurs and an employee in another department is eligible for a transfer, the employee shall apply for the transfer using the usual application process. Both Department Heads shall be in agreement with the transfer and shall jointly submit a recommendation for transfer to the City Manager. Any employee transferred without requesting the action may appeal the action in accordance with the grievance procedure outlined in this Policy. An employee who is transferred must successfully complete an introductory period in the new position. Transfer of an employee from one position to another without significant change in level of responsibility may be effective when the employee meets the requirements for the new position, if it is in the best interest of the City, if it meets the personal needs of the employee consistent with other requirements of this rule, and as a reasonable accommodation when an employee is unable, due to a disability, to continue to perform the essential functions of the job. ### CONDITIONS OF EMPLOYMENT AND CITY POLICIES ### WORK SCHEDULE Department Heads shall establish work schedules which meet the operational needs of the department and the reasonable needs of the public in the most cost-effective manner possible. Following are work schedules and work periods: Employee Group Work Schedule Work Period Exempt As required Not Applicable Non-exempt 40 hours 7 Days Police See Work Period 14 consecutive days (86 hours) Fire See Work Period 28 consecutive days (212 hours) ### ATTENDANCE An employee shall be in attendance at regular work in accordance with these rules and with general departmental regulations. All departments shall keep daily attendance records of their employees, which shall be reported to Human Resources on the dates specified. Employees unavoidably late or absent from work due to illness or other cause, must notify their immediate supervisor within a time frame established for each department (unless unusual circumstances prevent the employee from making proper notification) explaining the reason for the absence and, if possible, an anticipated time and/or date of return to work. Failure to notify one’s supervisor of absences may result in disciplinary action. ### OUTSIDE EMPLOYMENT The work of the City shall have precedence over other occupational interests of employees. No employee of the City may engage in additional employment outside the official hours of duty unless approved by the supervising Department Head and the City Manager. A set of standards for approval or disapproval of outside employment has been established and are based on whether outside employment will cause or could cause: a conflict of interest, impairment of work performance for the City, or cause discredit or embarrassment for the City. Approval of a second job may be withdrawn for any of the previous stated reasons. Conflicting or unreported outside employment is grounds for disciplinary action up to and including dismissal. --- ## Source page 15 ### STRIKES AND WORK STOPPAGES No employee may authorize, instigate, attempt to instigate, participate in, or give leadership to any strike, work stoppage, or other concerted effort to slow down, stop, or disrupt the normal work of any City department or division of any group of City employees. ### CODE OF ETHICS The City of Athens Code of Ethics applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not. An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the municipality except for reasons specifically addressed in Section 1-505 of the Code of Ethics Ordinance. Any employee who has a personal interest in any financial, ownership, or employment matters for the City must file a Personal Disclosure Form with the Human Resources Department. In addition, an official or employee may not: a. Disclose any confidential information or information obtained in an official capacity with the intent to result in financial gain. b. Use or authorize the use of municipal time, facilities, equipment, information, or supplies for private gain or advantage to himself. c. Use or authorize the use of municipal time, facilities, equipment, information, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the governing body to be in the best interests of the municipality. d. Make or attempt to make private purchases, for cash or otherwise, in the name of the municipality. e. Use or attempt to use his or her position to secure any privilege or exemption for himself or herself or others that is not authorized by the charter, general law, or ordinance or policy of the municipality. f. Accept or continue any outside employment if the work unreasonably inhibits the performance of any affirmative duty of the municipal position or conflicts with any provision of the municipality’s charter or any ordinance or policy. The City Attorney is designated as the Ethics Officer and shall investigate any credible complaint against an elected official charged with violation of this code. When a violation of this Code of Ethics also constitutes a violation of the administrative policies and regulations, the violation shall be handled as provided in the administrative policies and regulations. ### POLITICAL ACTIVITY Every employee shall enjoy the same rights of other citizens of Tennessee to be a candidate for any state or local political office, except that a City of Athens employee shall not be qualified to run for elected office for the Athens City Council. Employees have the right to participate in political activities by supporting or opposing political parties, political candidates, and petitions to governmental entities. Any time off from work used by the employee for participation in political activities shall be limited to earned vacation days, or by any other arrangements worked out between the employee and the City Manager. In no circumstance will a City employee be paid for work not performed for the governmental entity. Further, no employee may campaign on municipal time or in municipal uniform or use municipal equipment or supplies in any campaign or election. Any violation of this section shall subject the employee to disciplinary action up to and including dismissal. All employees must adhere to the requirements of the federal Hatch Act (5 U.S.C. §1501-1508.) Any employee desiring to be a candidate for public office in a partisan election must notify the City Manager of his/her intention to run for office prior to picking up a petition. --- ## Source page 16 ### GENERAL SERVICE REGULATIONS Any officer or employee who violates any of the provisions of this section will be subject to disciplinary action up to and including immediate dismissal from his/her office or position. The General Service Regulations are as follows: a. All employees are representatives of the City of Athens, and as such, are expected and encouraged to conduct themselves in a courteous manner at all times. Every employee shall, at all times, endeavor to conduct him or herself in a manner that reflects credit upon his or her department and the City of Athens. b. No official or employee shall, without the approval of his or her supervisor, disclose confidential information concerning the property, government, or affairs of the City. Nor shall he or she under any circumstances use such information to advance the personal, financial, or other private interests of themselves or others. c. No employee shall take for his or her personal use any City-owned equipment. All employees shall use City-owned equipment only in the manner authorized by the City Manager. An employee who is on call may be authorized to take a vehicle to his residence by his or her Department Head, after approval has been granted by the City Manager. Personal use of City vehicles and use of City gasoline in privately owned vehicles is strictly prohibited. d. An employee who voluntarily resigns, is suspended or discharged from employment, shall return all items of equipment, including uniforms, keys, badges, and ID cards owned by the City. The employee shall be responsible for reimbursing the City of Athens for any lost or damaged equipment and/or uniforms. e. No employee shall purchase any equipment or supplies through City purchase accounts for personal use. f. Generally, the City regards the off-duty activities of employees to be their own personal matter rather than that of the City. However, certain types of off-duty activities represent potential concern and liability to the City. For that reason, employees who engage in or are associated with illegal or immoral conduct, the nature of which adversely affects the public trust and confidence in the City of Athens, or their own ability or credibility to carry out their assigned responsibilities, may be subject to dismissal or other disciplinary action. g. No person shall seek or attempt to use any political endorsement in connection with any appointment to a position, or demotion, or dismissal from a position in the classified service. h. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or to attempt to secure for any person an appointment to a position in the classified service, or any increase in wages or other advantage in employment in such position, for the purpose of influencing the vote or political action of any other person, or for any other consideration. i. No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification or appointment made under any provision of the charter, ordinances, and these rules, or in any manner commit any fraudulent act thus preventing the impartial execution of the provisions of the charter, ordinances, these rules, or administrative policies. j. No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion, or any advantage in a position in the classified service. k. No employee, examiner, or any other person shall defeat, deceive, or obstruct any person in his/her right to examination, eligibility, certification, or appointment under the charter, ordinances, and these rules, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. --- ## Source page 17 ### SAFETY Safety is the responsibility of both the City and employees. It is the policy of the City to establish a safe work environment for employees. The City shall establish a safety program including policies and procedures regarding safety practices and precautions and training in safety methods. Department Heads and supervisors are responsible for insuring the safe work procedures of all employees and providing necessary safety training programs. Employees shall follow the safety policies and procedures and attend safety training programs as a condition of employment. Employees who violate such policies and procedures shall be subject to disciplinary action up to and including dismissal. ### SEXUAL HARASSMENT The City of Athens opposes sexual harassment by supervisors and co-workers in any form. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any employee, appointed or elected official, found guilty of committing sexual harassment will be subject to appropriate disciplinary action by the Department Head, City Manager, or City Council as appropriate. Appropriate disciplinary action shall depend upon the seriousness of the misconduct which comprised the violation and may include any one or more of the following: a warning, written reprimand, demotion, suspension from employment, forfeiture of compensation, or termination of employment. Any employee who believes that he or she may have a complaint of sexual harassment may follow the grievance procedure or may file a written complaint directly with the Human Resources Director or City Manager. The City Manager is to be notified of a sexual harassment complaint no later than the next workday following the filing of the complaint. The Human Resources Director will insure that an investigation is conducted into any allegation of sexual harassment and will advise the employee and appropriate management officials of the outcome of the investigation. The City of Athens Sexual Harassment Policy in its entirety can be found in the Administrative Policies and Regulations. ### VIOLENCE IN THE WORKPLACE The City of Athens has a strong commitment to its employees to provide a safe, healthy, and secure work environment. The City also expects its employees to maintain a high level of productivity and efficiency. The presence of weapons and the occurrence of violence in the workplace during working hours or otherwise are inconsistent with these objectives. While the City has no intention of intruding into the private lives of its present or potential employees, it expects all employees to report on the worksite without possessing weapons and to perform their job without violence towards any other individual. The City expects all employees to work in a manner so that they can perform their duties in a safe and productive manner. The City of Athens Workplace Violence Policy in its entirety can be found in the Administrative Policies and Regulations. ### DRUG FREE WORKPLACE AND DRUG TESTING In compliance with the Drug Free Work Place Act, the City of Athens has a legal responsibility and management obligation to ensure a safe work environment, as well as paramount interest in protecting the public by ensuring that its employees have the physical stamina and emotional stability to perform --- ## Source page 18 their assigned duties. Employees must be free from drug or alcohol dependence and illegal drug use, as drug or alcohol abuse seriously impairs an employee’s performance and general physical and mental health. The illegal possession and use of drugs, alcohol, and/or narcotics by employees of the City of Athens is a crime in this jurisdiction and clearly unacceptable. Therefore, the City of Athens has adopted this written policy to ensure an employee’s fitness for duty as a condition of employment. Municipal government employees shall not take or be under the influence of any narcotics or dangerous substance unless prescribed by the employee’s licensed physician. Employees who are required to take prescription medicine shall notify their immediate supervisors of this requirement and shall verify they are able to perform the essential functions of their position while on the prescribed medication. Municipal government employees are prohibited from the use, possession, manufacture, distribution, and sale of drugs, alcohol, or any other controlled substance on municipal government property or in City vehicles. All property belonging to the City of Athens may be subject to inspection at any time without notice as there may be no expectation of privacy in such property. Property includes, but is not limited to: vehicles, desks, containers, files, and storage lockers. Employee’s assigned lockers, that are locked by the employee, are also subject to inspection by the employee’s supervisor, unless waived by the City Manager. As a condition of continued employment with the City, all employees must abide by the City’s policy and notify their immediate supervisor of any criminal drug statute convictions within five days after such conviction. The City, in turn, will inform any granting or contracting agency within ten days of such notification. Employees who choose to engage in drug and/or alcohol abuse may be subject to disciplinary action up to and including dismissal, may be denied workers’ compensation benefits, or may be required to participate satisfactorily in an approved drug abuse assistance or rehabilitation program. Any injured employee who refuses to submit to a test for drugs or alcohol, shall forfeit eligibility for workers' compensation medical and indemnity benefits. The City of Athens Drug Free Workplace and Drug Testing Policy in its entirety can be found in the Administrative Policies and Regulations. ### ELECTRONIC COMMUNICATIONS The City of Athens recognizes the increase in technology resources available to employees designed to enable the City of Athens to provide services in a timely and efficient manner. An Electronic Communications Policy has been implemented to cover the use of all electronic communication technology resources belonging to the City. Electronic communication devices include but are not limited to pagers, radios, telephones, cellular phones, faxes, all computer systems and the peripherals, e-mail system, Internet, and network resources. Employees, volunteers, and contractors of the City are expected to use any City-owned electronic communications devices consistent with the policy. --- ## Source page 19 The City of Athens Electronic Communication Appropriate Use Policy in its entirety can be found in the Administrative Policies and Regulations. ### TRAVEL EXPENSE AND REIMBURSEMENT The City of Athens has established procedures for the authorization of travel by any person travelling in an official capacity for the purposes of City business, and for the reimbursement of the costs of authorized travel. The City of Athens Travel Policy in its entirety can be found in the Administrative Policies and Regulations. ### WORKPLACE HARASSMENT The City is committed to providing a professional work environment that maintains employee equality, dignity, and respect. In keeping with this commitment, the City strictly forbids discriminatory practices, including sexual harassment and other forms of harassment, as defined in this policy. Any harassment prohibited by this policy, whether verbal, physical or environmental, is unacceptable and will not be tolerated, whether it occurs in the workplace or at outside work-sponsored activities. The City will take immediate, positive steps to stop such harassment when it occurs. The City of Athens Workplace Harassment Policy in its entirety can be found in the Administrative Policies and Regulations. ### PRIVACY OF PROTECTED HEALTH INFORMATION Pursuant to the Health Insurance Portability and Accountability Act (HIPAA), the City of Athens has a written Notice to reflect its compliance with the applicable requirements of HIPAA concerning Protected Health Information (PHI). As part of this policy, you may access your own personally identifiable health information and request corrections or changes to that information. The Notice provides further information on your individual rights and the procedure for such requests. HIPAA only protects individually identifiable information (as defined under HIPAA) and that is specific to the City of Athens group health, long-term disability, or other similar plan. There are some records that do not fall under the HIPAA policy. These include, but are not limited to, your employment records, (as applicable, for example, drug screening, workers’ compensation records), and certain other records. Although these are not covered under the HIPAA policy, access to these documents has been and will continue to be restricted as the law allows. The City of Athens Privacy of Protected Health Information (HIPAA) Policy in its entirety can be found in the Administrative Policies and Regulations. ### NON-SMOKER PROTECTION ACT In accordance with Tennessee State law, smoking shall be prohibited in all City of Athens enclosed facilities. In addition, smoking shall be prohibited in all City of Athens vehicles. Employees and non- employees shall be allowed to smoke in designated smoking areas only. These areas shall be located at non-enclosed areas where smoke is not reasonably expected to enter areas where smoking is prohibited. ### IDENTITY THEFT POLICY The risk to the City of Athens, its employees and customers from data loss and identity theft is of significant concern to the City and can be reduced only through the combined efforts of every employee and contractor. Therefore, the City has adopted a policy to help protect employees, customers, --- ## Source page 20 contractors, and the City from damages related to the loss or misuse of sensitive information. This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers at the City of Athens, including all personnel affiliated with third parties. The City of Athens Identity Theft Policy in its entirety can be found in the Administrative Policies and Regulations. ### BACKGROUND CHECK POLICY In order to provide a safe and secure work environment and to ensure that employees are qualified to perform assigned work duties, the City will conduct pre-employment background screening on all finalist job candidates over the age of 16. In addition, background checks may be conducted on current employees if the need arises. The City of Athens Background Check Policy in its entirety can be found in the Administrative Policies and Regulations. ### OPEN RECORDS POLICY The City of Athens Open Records Policy in its entirety can be found in the Administrative Policies and Regulations. ### VEHICLE USE POLICY The City of Athens Vehicle Use Policy in its entirety can be found in the Administrative Policies and Regulations. ### AMERICANS WITH DISABILITIES ACT (ADA) POLICY The City of Athens is committed to the fair and equal employment of individuals with disabilities under the ADA. It is the policy of the City to provide reasonable accommodation to individuals with disabilities who are qualified for the job in question unless the accommodation would impose an undue hardship on the City. The City of Athens prohibits any harassment of, or discriminatory treatment of, employees on the basis of a disability or because an employee has requested a reasonable accommodation. In accordance with the ADA, reasonable accommodations will be provided to qualified individuals with disabilities to enable them to perform the essential functions of their jobs or to enjoy the equal benefits and privileges of employment. This policy applies to all applicants for employment and all employees. The ADA policy applies to any qualified individual with a disability who can perform the essential functions of the job with, or without, a reasonable accommodation. Disability. “Disability” refers to a physical or mental impairment that substantially limits one or more major life activities. A “qualified person with a disability” means an individual with a disability who has the requisite skills, experience, and education for the job in question, and who can perform the essential functions of the job with or without reasonable accommodation. Reasonable Accommodation. The City of Athens will seek to provide a reasonable accommodation for a known disability or at the request of an individual with a disability. A “reasonable accommodation” is any change or adjustment to the job application process, work environment, or work processes that would make it possible for the individual with a disability to perform the essential functions of the job and does not place undue hardship on the City. --- ## Source page 21 Essential Job Functions. For each position, the job description typically will identify essential job functions. The Human Resources Director generally will review job descriptions on a periodic basis to evaluate job functions designated as essential. An applicant’s or employee’s questions about a job’s requirements should be directed to the Human Resources Director or Department Head. Requesting a Reasonable Accommodation. An applicant or employee with a disability is responsible for requesting an accommodation from the Human Resources Director or his or her Department Head and engaging in an informal process to clarify what the applicant or employee needs and to identify possible accommodations. The Human Resources Director will inform the applicant or employee of his/her rights under the ADA and document the interactive process discussions. An applicant or employee may be required to provide documentation from an appropriate professional, such as a doctor or a rehabilitation counsellor, concerning the applicant's disability and functional limitations. If an applicant or employee disagrees with the result of the medical examination, the applicant or employee may request a second examination performed and paid for by the applicant or employee. In the event of a disagreement in the two previous medical opinions, a third opinion may be obtained with both parties sharing the cost of the examination. The applicant or employee should describe the problem created by a workplace barrier so that an appropriate accommodation may be considered. Typically, the Human Resources Director will work with the applicant or employee to identify possible reasonable accommodations and to assess the effectiveness of each in allowing the applicant or employee to complete the hiring process or perform the essential functions of the job. Based on this interactive process, a reasonable accommodation will be selected that is appropriate for both the City and the individual. While an individual’s preference will be considered, the City is free to choose between equally effective accommodations with consideration toward expense and impact on the rest of the organization. A request for reasonable accommodation may be denied if it would create an undue hardship for the City. The City Manager will provide notification of denial based on undue hardship. Factors to be considered when determining whether an undue hardship exists include the cost of the accommodation, the organization’s overall financial resources, the financial resources of the particular facility at which the accommodation is to be made, the number of employees at the facility, the total number of employees of the organization, and the type of operation. Safety. All employees are expected to comply with all safety procedures. The City Manager will not place qualified individuals with disabilities in positions in which they will pose a direct threat to the health or safety of themselves or others. A “direct threat” means a significant risk to the health or safety of one’s self or others that cannot be eliminated by reasonable accommodation. The determination that an individual with a disability poses a direct threat typically will be made by the City Manager and will be based on factual, objective evidence. Confidentiality. All information obtained concerning the medical condition or history of an applicant or employee will be treated as confidential information, maintained in separate medical files, and disclosed only as permitted by law. Complaint Procedure. It is the policy of the City of Athens to prohibit any harassment of, or discriminatory treatment of applicants or employees on the basis of a disability for requesting a --- ## Source page 22 reasonable accommodation. If an individual feels he or she has been subject to such treatment or has witnessed such treatment, the situation may be reported to any supervisory employee of the City, including the City Manager, Human Resources Director, or Department Heads. The City of Athens’ policy prohibits retaliation against an applicant or employee for exercising his or her rights under the ADA or applicable state fair employment laws. Any employee found to have engaged in retaliation against an applicant or employee for exercising his or her rights or for making a request for reasonable accommodation under this policy will be subject to disciplinary action up to and including dismissal. If an applicant or employee feels he or she has been retaliated against, the situation may be reported to any supervisory employee of the City of Athens, or any of the following, the City Manager, Human Resources Director, or Department Heads. --- ## Source page 23 ### WHAT YOU WANT TO KNOW ### EMPLOYEE BENEFITS ### ELIGIBILITY All full-time employees of the City are eligible for employee benefits as provided for in this Handbook. These benefits are subject to change at the City's discretion. Temporary and part-time employees are eligible only for workers' compensation benefits. ### BENEFITS The following benefits may be provided by the City of Athens and may be subject to payroll deduction: Flexible Spending Account (FSA) Group Health and Hospitalization Group Life Group Accidental and Dismemberment Dental Insurance/Vision Insurance Long Term Disability Social Security 401(a) Retirement Plan 457 Deferred Compensation Plan Information concerning the listed benefits shall be available to all employees through the Human Resources Department. ### RETIREMENT Defined Benefit Plan: The retirement plan is designed to supplement Social Security upon retirement. Full time employees hired before July 1, 2010 are eligible to participate in the Defined Benefit Plan. Employees are fully vested upon completion of five (5) years of continuous service. The City of Athens makes full contribution to the plan. A statement of retirement benefits will be furnished to eligible employees on an annual basis. A copy of the Pension Plan document is maintained in the Human Resources Department. Defined Contribution Plan: Full time employees hired on or after July 1, 2010 are eligible to participate in the Defined Contribution Plan. Employees are fully vested upon completion of three (3) years of service. Employees will be required to participate in the plan and to contribute a mandatory percentage of their salary. The City of Athens will match the mandatory contribution. Employees may also elect to contribute a voluntary percentage of their salary into their plan. The City will match the voluntary contribution if funds are available and approved as part of the budget. ### WORKERS’ COMPENSATION All employees of the City (full-time, part-time, seasonal, and temporary) are covered by the Tennessee Workers' Compensation Act and are required to report all injuries arising out of and in the course of employment to their immediate supervisors at the time of the injury in order that appropriate action may be taken at once. Responsibility for claiming compensation under the Workers' Compensation Act is on the injured employee, and such claims must be filed by the employee. ### UNEMPLOYMENT COMPENSATION --- ## Source page 24 Local governments, excluding elected officials, are covered by unemployment insurance. City employees who are terminated due to a reduction in force or released from City service may apply for benefits through the Employment Security division where a determination of eligibility will be made. ### UNIFORMS The City may provide uniforms for police, fire, parks and recreation, inspectors, and public works personnel. Uniforms and laundry service may also be provided to other classes of employees where uniformity of appearance is desirable. Upon separation from City employment, all uniforms must be returned to the City prior to the employee's final day of work. The employee shall be responsible for reimbursing the City of Athens for any lost or damaged uniforms if the cause is for negligence. ### HOLIDAYS, VACATION, SICK, AND LEAVES OF ABSENCE ### HOLIDAYS The following days, and other days as may be adopted by City Council, are holidays with full pay for employees of the City: | Holiday | Holiday | | --- | --- | | New Year's Day | Veterans Day | | Martin Luther King Jr. Day | Thanksgiving Day | | Good Friday | Day after Thanksgiving | | Memorial Day | Christmas Eve | | Independence Day | Christmas Day | | Labor Day | Floating Holiday (see below) | When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. However, any conflict in the date of the holiday shall be decided by the City Manager. ### FLOATING HOLIDAY All-full-time, regular employees receive one floating holiday per year in addition to the regular paid holidays. The floating holiday must be used for one eight-hour time period and may be used in conjunction with another holiday. The floating holiday cannot be used in any increment less than eight (8) hours. All requests for use of the floating holiday MUST be scheduled and approved at least two weeks in advance. Floating holidays may not be used as a substitute for using sick time if an employee calls in an absence on or before a scheduled workday. Floating holidays are available at the beginning of each fiscal year (July 1 to June 30) for all current employees. A new employee hired before the end of the first half of the fiscal year will receive a floating holiday upon hire; a new employee hired during the second half of the fiscal year will receive ½ (four hours). Floating holidays will not be carried over to the next fiscal year and cannot be cashed out if not taken. Floating holidays will not be paid upon termination of employment. --- ## Source page 25 ### HOLIDAYS: EFFECT ON OTHER TYPES OF LEAVE Regular holidays that occur during a vacation, sick, or other leave period of any employee shall not be considered as vacation, sick, or other leave. ### HOLIDAYS: COMPENSATION WHEN WORK IS REQUIRED Employees who are required to work on holidays shall be paid for the hours actually worked plus 8 hours holiday pay at straight time. Employees whose regular day off falls on an observed holiday shall be paid 8 hours holiday pay at straight time. Employees eligible for any holiday benefits must be in pay status (not leave without pay or workers’ compensation) on his or her last regular shift scheduled before a holiday and his or her first regularly scheduled shift after a holiday. ### VACATION LEAVE Vacation leave shall be used for rest and relaxation, and is a privilege and benefit granted by the City. It shall be used at the convenience of the appropriate supervisor and the employee making the request. Vacation leave may be used for medical appointments when sick leave is exhausted, absences due to adverse weather conditions, and the like. Vacation leave may be used for sick leave in the case of illness only with the approval of Human Resources Director and/or the City Manager. Regular full-time employees will begin accruing vacation time on the first day of employment with the City. Employees shall be credited with earned vacation leave in accordance with the following schedule: | Years of Service | Accrual per pay period | Vacation Days Accrued Per Year | Maximum Allowable Limit | | --- | --- | --- | --- | | 1st day to 3 years | 3.70 | 12 | 144 hours (18 days) | | 4 to 7 years | 4.62 | 15 | 180 hours (22.5 days) | | 8 to 15 years | 5.24 | 17 | 208 hours (26 days) | | After 15 years | 6.46 | 20 | 252 hours (31.5 days) | Fire Department (207k): | Years of Service | Accrual per pay period | Vacation Shifts Accrued Per Year | Maximum Allowable Limit | | --- | --- | --- | --- | | 1st day to 3 years | 5.53 | 6 shifts | 216 hours (9 shifts) | | 4 to 7 years | 7.38 | 8 shifts | 288 hours (12 shifts) | | 8 to 15 years | 8.12 | 8.8 shifts | 316 hours (13 shifts) | | After 15 years | 9.23 | 10 shifts | 360 hours (15 shifts) | The above schedule and credits are for uninterrupted service computed from the most recent date of employment. No additional vacation will accrue once an employee has reached the maximum allowable limit. Employees shall be entitled to take vacation according to their accumulated vacation hours per the above scale after the completion of six (6) months of continuous service. Part-time and temporary employees shall not be entitled to vacation leave except when approved by the City Manager. Employees may not borrow against future annual vacation or transfer earned leave to another employee. Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations so as to meet the operational requirements of the department. --- ## Source page 26 ### VACATION LEAVE: PAYMENT UPON SEPARATION Employees resigning voluntarily and who give the required notice of intention to resign will receive any vacation credit earned as of the date of resignation. In all instances, the minimum notice requirement is two (2) weeks. The minimum notice requirement for a Department Head is three (3) weeks. Employees who are involuntarily separated may receive payment for accumulated vacation leave subject to the approval of the City Manager. ### VACATION LEAVE: PAYMENT UPON DEATH The estate of an employee who dies while employed by the City shall be entitled to payment of all the accumulated vacation leave credited to the employee's account not to exceed the maximums established in this Handbook. ### SICK LEAVE Sick leave may be granted to an employee absent from work for illness, injury, doctor’s appointments, or when needed to care for an ill family member. A doctor's note may be requested to verify the employee's period of sick leave. Sick leave may not be used for adverse weather. In order to be eligible for sick leave with pay, an employee must report the desire to take sick leave to the employee's supervisor prior to or by the beginning of the employee's normal work period. To facilitate the recruitment of qualified persons with appropriate public-sector experience, the City Manager may authorize the carryover of all or a portion of the unused sick leave that has been certified as accumulated during employment with the immediate past state or local government employer. ### SICK LEAVE: ACCRUAL RATE AND ACCUMULATION Sick leave shall be earned at a rate of one working day per month of service or twelve days per year, with a maximum accrual of 720 hours of sick leave. Fire Department employees earn six (6) shifts per year, with a maximum accrual of 1008 hours of sick leave. Employees begin earning sick leave immediately. Type of Accrual per Accrual Maximum Service pay period Per Year Allowable Limit Regular Full-time 3.70 12 720 hours Fire Department 5.53 6 shifts 1008 hours Sick leave may be taken as necessary but may not be extended or overdrawn beyond the accrual at the time of absence. Provided, however, that at the request of the employee any current accrued vacation balance may be applied and extended as though it were sick leave but only in the event of extended illness. Employees may not borrow against future sick leave or transfer earned sick leave to another employee. All sick leave accumulated by an employee shall end and terminate without compensation when the employee resigns or is separated from the City. --- ## Source page 27 ### BEREAVEMENT An employee requesting a leave of absence to attend the funeral of an immediate family member will generally receive time off with pay for up to three consecutive regularly scheduled work days (up to 24 hours). Additional leave time may be charged to vacation or leave without pay, with the approval of the City Manager. The City understands that a death in the family can be a difficult time, and we will make reasonable efforts to accommodate your leave request under these circumstances. For the purposes of this policy, immediate family is defined as the employee's: spouse, child, father, mother, brother, sister, grandparents, guardian; plus, the various combinations of half, step, in-law, and adopted relationships that can be derived from those here named. Exceptions to the above listing must be approved by the City Manager. ### LEAVE WITHOUT PAY A full or part-time employee may be granted a leave of absence without pay for a period of up to six (6) months by the City Manager. The leave shall be used for reasons of personal disability after both sick leave and annual leave have been exhausted, continuation of education, special work that will permit the City to benefit by the experience gained or the work performed, or for other reasons deemed justified by the City Manager. The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the City Manager. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. Time spent in a leave without pay status shall not apply toward credited service and benefits shall not accrue. If the employee decides not to return to work, the supervisor shall be notified immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested, shall be considered a resignation. ### LEAVE WITHOUT PAY: RETENTION AND CONTINUATION OF BENEFITS An employee shall retain all unused vacation and sick leave while on leave without pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the City's group insurance plans at his or her own expense, subject to any regulation adopted by the City Council and the regulations of the insurance carrier. ### WORKERS' COMPENSATION/OCCUPATIONAL DISABILITY LEAVE All injuries arising out of and in the course of one's employment shall be governed by the Tennessee Workers’ Compensation Law. The employee who is receiving workers’ compensation disability payments may use accumulated leave (sick and vacation) to supplement the amount received through the disability payments in an amount which would enable the employee to receive full monthly compensation. The amount of accumulated leave (sick and vacation) will be determined by considering the amount of TTD benefits received and determining the amount of accumulated leave that would meet the employee’s monthly compensation. To receive full pay for an occupational injury or illness, the employee must use accumulated leave until it is exhausted, at which time full pay is terminated. No employee is to receive full pay from the City as well as workers’ compensation disability payments. Workers’ compensation medical payments are made directly to the physician, medical facility, or medical supply firm. --- ## Source page 28 Employees shall report immediately any injury incurred in the course of their employment, however minor, to their supervisor or Department Head and take such first aid or medical treatment as may be necessary. Any employee determined to have been able, but who fails, to make such a report may not be eligible for occupational disability or injury leave. When an employee is injured on the job, the supervisor or Department Head shall immediately notify the Risk Manager and/or Human Resources Director and shall submit a First Report of Injury form to the Human Resources Department. Where an accident causes serious bodily injury or death to an employee, the supervisor shall immediately notify the City Manager, Department Head, Risk Manager, and Human Resources Director. In the cases where occupational disability to an employee occurs and the employee has been reported as occupationally disabled for a period of thirty (30) calendar days, the Department Head, Risk Manager and Human Resources Director shall review the progress of the case and make recommendations to the City Manager as they deem advisable. The City of Athens shall take reasonable steps to place the individual in a comparable position for which he or she is qualified and able to perform the essential functions with or without reasonable accommodations. Occupational disability leave shall not be extended beyond six months unless authorized by the City Manager. Extensions shall not be extended for any period more than three months at any one time and shall not exceed a total of twelve months from the day following the injury. In all cases of occupational disability, the responsibility of determining the character, degree, and potential duration of an injury shall rest with one of three licensed, practicing medical doctor(s) designated by the City of Athens physicians’ panel. The medical doctor(s) may make periodic examinations, progress reports and recommendations as required by the Risk Manager. Prior to returning to work following a work-related injury or illness, employees must present to the Risk Manager and the Human Resources Director a medical release from their treating physician. The medical release to return to work must specify work restrictions, if any. If the medical return to work release states that the employee is fully recovered and able to perform the essential functions of their job, the employee will be returned to their regular position. If the medical release return-to-work specifies restrictions, the Human Resources Director and Risk Manager will determine if the City can accommodate the employee’s work restrictions. If an accommodation is made, it will be a temporary light duty work assignment which complies with the employee’s restrictions. The assignment may or may not be within the employee’s current department. The City may extend the assignment, transfer the employee to another position, or return the employee to their regular job. The employee may be subject to separation if: (a) they cannot perform the essential functions due to a disability which cannot reasonably be accommodated; or (b) they pose a direct threat to themselves or others. ### MILITARY RESERVIST LEAVE All regular employees who have completed the introductory period and who are members of reserve components of the armed forces, including the National Guard, are entitled to leave while engaged in "duty or training in the service of this state, or of the United States, under competent orders," and they must be given such leave with pay not exceeding twenty (20) working days (160 hours) in any one calendar year as per TCA 8-33-109. After the twenty (20) working days (160 hours) of full compensation, members of any reserve component of the armed forces of the United States, including members of the Tennessee Army and Air National Guard, may use up to five (5) days (40 hours) of sick leave in lieu of annual leave for the purposes of not having to take leave without pay. --- ## Source page 29 After paid military leave is exhausted, an eligible employee may choose to use vacation leave with the prior approval of the supervisor, or the employee may choose to use leave without pay when all other leave is exhausted. ### REINSTATEMENT FOLLOWING MILITARY SERVICE Any employee of the municipality who leaves his/her job, voluntarily or involuntarily, to enter active duty in the armed forces may return to the job in accordance with Veterans' Re-employment Rights and the Tennessee Military Leave Act. ### CIVIL LEAVE A City employee called for jury duty or as a court witness for the federal or state governments, or a subdivision thereof, shall receive leave with pay for such duty during the required absence without charge to accumulated leave. The employee may keep fees and travel allowances received for jury or witness duty in addition to regular compensation. However, employees must turn over to the City any witness fees or travel allowance awarded by that court for court appearances in connection with official duties. While on civil leave, benefits and leave shall accrue as though on regular duty. If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, the employee shall also be excused from service for the shift immediately preceding the employees first day of service. (TC.A. 22-4-106) ### TIME OFF TO VOTE All employees should be able to vote before or after regularly assigned work hours. However, when this is not possible due to work schedules, employees may be absent on the day of election for a reasonable period of time necessary to vote during the time the polls are open in the county where the person is a resident. Employees whose shift starts three or more hours after the polls open or ends, three or more hours before the polls close in their voting district will not be eligible for this paid leave. Employees requesting this paid leave must do so before 12:00 p.m. of the day before the election (TCA 2-1-106). ### FAMILY MEDICAL LEAVE OF ABSENCE POLICY Employees who have worked for the City for at least twelve (12) months and at least 1,250 hours during the prior twelve (12) months may take up to twelve (12) weeks of unpaid leave for the following reasons: a. Birth and/or care of a child of the employee; b. Placement of a child into the employee's family by adoption or by a foster care arrangement; c. In order to care for the employee's spouse, child or parent who has a serious health condition; and d. A serious health condition that renders the employee unable to perform the functions of the employee's position. e. For a qualifying exigency that arises out of the fact that a spouse, parent, or child has been called to or is on active duty in the Armed Forces. f. In order to care for an active service member who has a serious injury or illness if the employee is the spouse, parent, child, or next of kin (up to 26 weeks). The City of Athens uses a “rolling” 12-month period measured backward from the date an employee uses FMLA leave. Generally, after 3 consecutive days of absence or with a predetermined notice of absence, a conditional FMLA notice will be issued to the employee by the Human Resources Department. In the event that the Human Resources Department is not aware of the reason for the leave, leave may be designated as FMLA leave retroactively while the leave is in progress or within two business days of the employees return to work. In addition, employees may request that leave be designated as FMLA within --- ## Source page 30 2 days after their return to work. Final approval will depend on medical certification provided. Employees will have a minimum of 15 days from the date of FMLA designation to provide medical documentation to the Human Resources Department. In the case of unpaid leave for the birth or placement of a child, intermittent leave or working a reduced number of hours is not permitted unless both the employee and the City agree. If both spouses are employed by the City, the combined leave shall not exceed twelve (12) weeks. In the case of unpaid leave for serious health conditions, the leave may be taken intermittently or on a reduced hour basis only if such leave is medically necessary. If intermittent or reduced hours leave is required, the City may in its sole discretion temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates that type of leave. During family leaves of absence, the City will continue to pay its portion of the health insurance premiums and the employee must continue to pay his/her share of the premium. Failure of the employee to pay his/her share of the health insurance premium may result in loss of coverage. If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the City for payment of health insurance premiums during the family leave, unless the employee does not return because of the presence of a serious health condition which prevents the employee from performing his/her job or circumstances beyond the control of the employee. During leave, the employee shall not accrue employment benefits, such as vacation pay, sick pay, pension, etc. Employment benefits accrued by the employee up to the day on which the family leave of absence begins will not be lost. Employees are required to use their available vacation time during the twelve (12) week family leave, and available sick days shall be used when family leave is taken because of serious health conditions. NOTE: That portion of the family leave of absence, which is vacation time and/or sick days, will be with pay according to the City's policies regarding vacation time and sick days. Holidays, whether in pay status or not, will be counted toward the 12 weeks of family medical leave. Employees who return to work from a family leave of absence within or on the business day following the expiration of twelve (12) weeks are entitled to return to their job or an equivalent position without loss of benefits or pay. Applications for family leaves of absence must be submitted in writing. Applications should be submitted at least thirty (30) days before the leave is to commence, or as soon as possible if thirty (30) day notice is not possible. Appropriate forms must be submitted to Human Resources Department to initiate family leave and to return the employee to active status. Employees requesting medical leave should provide the City with the appropriate medical certification. --- ## Source page 31 ### WHAT YOU HAVE TO KNOW ### SEPARATION AND REINSTATEMENT ### TYPES OF SEPARATIONS All separations of employees from positions in the service of the City shall be designated as one of the following types and shall be accomplished in the manner indicated: Resignation, reduction in force, disability, voluntary retirement, dismissal, or death. At the time of separation and prior to final payment, all records, assets, and other City property in the employee's custody shall be transferred to the Department Head and certification to this effect shall be executed by the employee. ### RESIGNATION An employee may resign by submitting the reasons for resignation and the effective date in writing to the immediate supervisor as far in advance as possible. In all instances, the minimum notice requirement is two weeks. Failure to provide minimum notice shall result in forfeit of payment for accumulated annual leave unless the notice is waived upon recommendation of the Department Head and approval by the City Manager. The minimum notice requirement for a Department Head is three (3) weeks. Department Heads shall forward all notices of resignation to the City Manager and Human Resources Director immediately upon receipt. Three consecutive days of absence without contacting the immediate supervisor or Department Head shall be considered a voluntary resignation. Sick leave will only be approved during the final two weeks of a notice with a physician's certification or comparable documentation. ### REDUCTION IN FORCE A reduction in force may be deemed necessary by the City Manager by reason of shortage of funds or work, the abolition of a position, or other material changes in the duties or organization, or for related reasons which are outside the employer’s control and which do not reflect discredit upon the service of the employee. In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee's performance, organizational needs, and seniority in determining those employees to be retained. Employees who are separated because of a reduction in force shall be given at least two weeks’ notice of the anticipated action. No permanent employee shall be separated while there are temporary or introductory employees serving in the same class in the department, unless the permanent employee is not willing to transfer to the position held by the temporary or introductory employee or the permanent employee is not qualified or physically able to perform the duties of such position.) ### DISABILITY An employee may be separated for disability when he/she cannot perform the essential functions of the job because of a physical or mental impairment, which cannot be accommodated without undue hardship or because the disability poses a direct threat to the health and safety of others. Reasonable accommodations will include transfer to a comparable position for which the individual is qualified. Action may be initiated by the employee or the City, but in all cases it must be supported by medical evidence acceptable to the City Manager and the disability must prevent the employee from performing the essential functions of the job. The City may require an examination at its expense and performed by a licensed physician of its choice. --- ## Source page 32 ### VOLUNTARY RETIREMENT Whenever an employee meets the conditions set forth in the pension plan, he/she may elect to retire and receive all benefits earned under the plan. Specific guidelines for retirement are set forth in the plan document entitled the City of Athens Pension Plan which is on file in the Human Resources Department. ### DEATH Separation shall be effective as of the date of death. All compensation due in accordance with this rule shall be paid to the estate of the employee, except for such sums as by law must be paid to the surviving spouse. ### DISMISSAL All employees of the City are employees-at-will and may be dismissed by the City Manager with or without cause and with or without prior notification. Employees do not have a contractual right to continued employment or a specific duration of employment and shall not have a property interest in their jobs. ### REINSTATEMENT An employee who is separated because of reduction in force may be reinstated within one year of the date of separation, upon recommendation of the Department Head, through the Human Resources Director, and upon approval of the City Manager. An employee who is reinstated in this manner may be re-credited with his or her previously accrued sick leave. An employee in good standing who is separated due to a reduction in force shall be given the first opportunity to be reinstated in the same or a similar position. ### REHIRING An employee who resigns while in good standing may be rehired and shall be regarded as a new employee, subject to all of the provisions of rules and regulations of this Policy. A re-hired employee will be paid at a pay rate within the approved pay range for the position in which he/she is rehired and shall be at a rate comparable to the one previously held, provided separation was no discredit to the employee and was not for disciplinary reasons. An employee can be rehired with the recommendation of the Department Head and the approval of the Human Resources Director and City Manager, provided: a. His/her former position, or a similar position, is vacant. b. He/she makes application for reinstatement within 2 years of the date of his/her resignation. c. He/she is still qualified to perform the essential functions of his/her former position or a similar position. ### DISCIPLINE ### AUTHORITY TO DISCIPLINE The City Manager has the full authority to discipline any City employee and may delegate to Department Heads the authority to discipline employees within their department in accordance with this article. It is the intent of the City to practice progressive discipline in the manner of verbal reprimands, written reprimands, suspension, and dismissal, when possible and appropriate. The denial of any pay increase, promotion, or advancement shall not be regarded as disciplinary action. --- ## Source page 33 ### CORRECTIVE AND DISCIPLINARY ACTIONS When an employee’s performance, work habits, attitude, or personal conduct fall below a desirable level or are in violation of policies, work rules, or procedures, the immediate supervisor should point out the deficiency at the time it is observed. An immediate supervisor may give an oral warning pointing out the deficiency and outlining the expected improvement. Any employee may be disciplined based on the seriousness of the infraction, performance, conduct, or the pattern of violations, infractions, performance, or conduct. Discipline may include any of a combination, and in no specified order, of the following actions: a. Written reprimand. b. Training or other appropriate sanctions. c. Suspension without pay. d. Demotion, which may result in a reduction in pay. e. Dismissal. When possible and appropriate, a pre-disciplinary meeting shall be held with any full-time employee prior to taking disciplinary action resulting in a suspension without pay, or a demotion. The employee shall be advised of the charge and disciplinary action to be taken. Employees are provided an opportunity to refute the charge leading to the discipline, if requested within five (5) City business days. All disciplinary actions must be coordinated through Human Resources and with the knowledge of the City Manager. ### SUSPENSION PENDING INVESTIGATION Depending on the seriousness of an incident, the City’s image, or other mitigating circumstances, an employee may be suspended with or without pay while an investigation is being conducted. If the employee is reinstated following a suspension without pay, the employee shall be made whole of any benefits they would have otherwise been eligible. ### DISMISSAL All employees of the City serve at the will of the City Manager and may be dismissed for cause or no cause, with or without prior notification. Employees do not have a contractual right to continued employment or a specific duration of employment and shall not have a property interest in their jobs. A Department Head may recommend dismissal of an employee within their department to the City Manager. In the case of dismissal of an employee, the City Manager may conduct a name clearing hearing, if requested by the employee within seven (7) calendar days from the notice of dismissal. The hearing shall be before and scheduled by the City Manager. ### GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL It is the policy of the City to provide a procedure for the presentation, consideration, and disposition of employee grievances. This section outlines the procedure and endeavors to assure all employees that a response to their grievance will be prompt and fair. The term “grievance” and the procedures hereafter shall not apply to matters related to personnel actions involving pay, suspension, or dismissal. It is the desire of the City to address grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be occasional grievances that will be resolved only after a formal hearing and review. Employees who --- ## Source page 34 have a complaint or grievance may discuss the grievance with their immediate supervisor, Department Head, Human Resources Director, or the City Manager. A grievance is defined as differences, disagreements, or disputes arising between an employee and their supervisor and/or employer regarding some aspect of their employment, application or interpretation of regulations and policies, or some management decision affecting them. The steps of the grievance procedure are as follows: Step One: The employee makes an oral or written presentation of the grievance to their immediate supervisor within three (3) business days from the incident that prompted the grievance. The supervisor shall provide a copy of the written report to the Department Head. The Department Head will promptly investigate the circumstances surrounding the grievance, consult with other employees of the City in order to reach a correct, impartial, fair, and equitable determination or decision concerning the grievance, and take action if within the scope of the Department Head’s authority. The Department Head shall inform the employee in writing of the decision and applicable recommendations within three (3) business days from the date the grievance was filed. The Department Head may not hold a grievance longer than three (3) business days without forwarding it to the next supervisory level. If the grievance cannot be resolved between the employee and the Department Head, the employee may proceed to Step Two (2). Step Two: The employee must reduce the grievance to writing and request that his/her written statement be delivered to the Human Resources Director within three (3) business days. If an employee requests a hearing, the Human Resources Director will arrange for a hearing within five (5) business days, and notify the employee of the date, time, and location of the hearing. Upon hearing the grievance and making a decision and applicable recommendations, the Human Resources Director must provide a written response to the employee and the Department Head within five (5) business days of the hearing. If the grievance cannot be resolved at this point, the employee may proceed to Step Three (3). Step Three: The employee may submit a written request for a hearing with the City Manager. The City Manager will arrange for a hearing within five (5) business days, and notify the employee of the date, time, and location of the hearing. Upon hearing the grievance and making a decision and applicable recommendations, the City Manager will provide a response to the employee and the Human Resources Director within three (3) business days of the hearing. Every attempt will be made to address and resolve the employee’s grievance. The action of the City Manager shall be final and binding on all parties involved. Throughout the grievance procedure, copies of all requests and responses shall be forwarded to the Human Resources Department, which is responsible for maintaining copies of all grievance filings. ### GRIEVANCE AND ADVERSE ACTION APPEAL PROCEDURE FOR DISCRIMINATION Any applicant for City employment, City employee, or former City employee, who has reason to believe that any employment action, including promotion, training, classification, pay, disciplinary action, transfer, layoff, failure to hire, or termination of employment was based on age, sex, race, color, national origin, religion, creed, political affiliation, or non-job related disability, has the right to appeal such action using the grievance procedure outlined in this section if he or she desires. While such persons are encouraged to use the grievance procedure, they shall have the right to appeal in writing directly to the Human Resources Director or City Manager. The Human Resources Director shall investigate the complaint and report the findings to the individual who filed the appeal and the City Manager. An --- ## Source page 35 employee or applicant should appeal an alleged act of discrimination within thirty calendar days of the alleged discriminatory action. ### GRIEVANCE PROCEDURE FOR ADA COMPLIANCE The Americans with Disabilities Act is a comprehensive piece of Federal legislation that provides disabled individuals legal protection from discrimination in a broad range of public sector activities. This grievance procedure provides an adequate and fair means by which disabled individuals may convey concerns to City of Athens officials regarding encountered barriers. This grievance procedure applies to all disabled individuals who are: participants in City of Athens programs and services; City of Athens employees; and/or prospective City of Athens employees. A grievance is defined as any matter of concern or dissatisfaction arising from a condition which limits a disabled individual's participation in City of Athens activities, programs, services and/or employment. Every disabled individual shall have the right to present a grievance in accordance with these procedures, with or without a representative, free from interference, coercion, restraint, discrimination, penalty or reprisal. An individual must file a grievance, either orally or in writing, with the City of Athens ADA Coordinator. A grievance should include the location of the barrier and the difficulty encountered. The Coordinator shall determine whether or not the grievance is covered under ADA. If the grievance is not covered under ADA, the Coordinator shall document the reason(s) why it is not covered and will notify the individual presenting the grievance. Notification shall be made no later than five (5) workdays following the filing date of the grievance. If the grievance is covered under ADA, the Coordinator shall notify the appropriate department and plan remedial action. The plan of action shall include components required by ADA including a timetable and the name of the individual in charge of the action. The individual who presented the grievance shall be notified of the plan. Notification shall be made no later than ten (10) workdays following the filing date of the grievance. All documentation, records and reports will be retained for a minimum of three (3) years and shall be held by the ADA Coordinator. The records will be subject to review by the grievant, the City Manager, and open to the public. The existence of the grievance procedure does not preclude any individual from pursuing any other remedies available under law. ### PERSONNEL RECORDS AND REPORTS ### PERSONNEL INFORMATION Personnel records for each employee are kept on file and maintained by the Human Resources Department. Any change of address, telephone number, marital status, beneficiaries, number of dependents, or completed education/training should be turned in to their supervisor for transmittal to the Human Resources Department. It is the responsibility of each employee to update personnel information in his/her personnel file by notifying the Human Resources Department of any changes. The City shall not be held liable when incorrect withholding, wrong beneficiaries, or loss of employee benefits result from the failure of any employee to keep personnel records current. --- ## Source page 36 All the personnel records are the property of the City and, with the exception of confidential information, are available for inspection during office hours and at reasonable times in a manner consistent with the City of Athens procedures. Employees may inspect at reasonable intervals, their own personnel files with members of the Human Resources staff but are not allowed to remove files or information contained in files from the Human Resources Department. Employees or their designee may, upon authorization, make copies of files reimbursing the City at the appropriate rate per copy. State law establishes the right of citizens of the State of Tennessee to inspect public documents; however, it does not confer the right upon citizens to interrogate employees or review medical records. The release of personnel files to other individuals as may be required and formally petitioned under the laws of the state is set out in the TCA 10-7-501, et seq. All employees will be notified of public request to view their personnel files and allowed to be present upon their review. ### COLLECTION, RETENTION, AND USE OF PERSONAL INFORMATION The City will strictly follow the requirements of equal employment opportunity laws regarding information collection. With these restrictions in mind, the City will gather such information about job applicants or employees as determined by the City Manager. The Human Resources Department will maintain a master file of each employee’s records, which will contain necessary information, as determined by the City Manager. Payroll data and medical records are kept separately from the Human Resources file, although both may include information about an employee’s salary history. As needed, employee information will be collected from employees whenever possible; but the City may use outside sources for other information. ### PERSONNEL ACTIONS The City Manager will prescribe necessary forms and reports for all personnel actions. The Human Resources Department will retain records necessary for the proper administration of the personnel system. ### ACCESS TO EMPLOYEE RECORDS The City Manager will limit the access of City supervisors, managers, and executives to personnel files. ### DISCLOSURE OF EMPLOYEE RECORDS AND INFORMATION Any request for information from an employee’s personnel file must be immediately referred to the City Manager. Only the City Manager is authorized to disclose information about employees to outside inquirers. In the case of a police officer, the Chief of Police will decide what information can be released based upon TCA 10-7-504. The City Manager will cooperate with requests from the following outside inquirers: a. properly identified and duly authorized law enforcement officials when investigating allegations of illegal conduct by employees; and b. legally issued summonses or judicial orders, including subpoenas and search warrants. --- ## Source page 37 ### RECORDS OF FORMER EMPLOYEES All requests for employment verification shall be referred to the Human Resources Department. Response to telephone requests for employment verification will only acknowledge employment, position, and dates of employment. Supervisors and Department Heads are not authorized to give employment references to any outside person, organization, or agency. Any variance from this policy must be approved by the City Manager. ### REMEDIES OF EMPLOYEES OBJECTING TO MATERIAL IN FILE An employee who objects to material in his/her file may place a statement in the file relating to the material considered to be inaccurate or misleading. ### DESTRUCTION OF RECORDS REGULATED No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with TCA 10-7-702 et seq. ### IMPLEMENTATION OF PERSONNEL POLICY ### CONFLICTING POLICIES REPEALED All policies or resolutions that conflict with the provisions of these policies are hereby repealed. ### SEPARABILITY If any provision of these policies or any rule, regulation or order thereunder or the application of such provision to any person or circumstances is held invalid, the remainder of these policies and the application of such remaining provisions of these policies or such rules, regulations or orders to persons or circumstances other than those held invalid will not be affected thereby. ### VIOLATIONS OF POLICY PROVISIONS An employee violating any of the provisions of these policies shall be subject to suspension and/or dismissal, in addition to any civil or criminal penalty that may be imposed for the violation of the same. ### EFFECTIVE DATE These policies are enacted by the Athens City Council and are effective as of the 1st day of July, 2019.