FICA
Alternative
Plan
City of North Richland Hills
General Information for Part-time, Seasonal and Temporary Employees
INTRODUCTION
A federal law, the Omnibus Budget
Reconciliation Act of 1990 (OBRA 90),
requires that governmental employees
who are not members of their employer’s
existing retirement system be covered
by Social Security or an alternate plan.
You are enrolled in an alternate plan
called the Public Agency Retirement
Services 457 FICA Alternative Plan (PARS
457 Plan). PARS 457 Plan satisfies
federal requirements and provides cost
savings compared to Social Security to you
and your employer. Social Security
requires that 12.4% of your salary be
contributed each pay period; however, your
PARS 457 Plan requires only a 7.5%
contribution to your retirement account.
This information is a general description
of what you can expect as a participant in
PARS 457 FICA Plan. The Plan Document
provides a detailed description and
contains all of the specific legal
requirements of the plan.
If this
description states something that is
different from the Plan Document, then the
Plan Document will be followed, not this
description. A copy of the Plan Document
and Adoption Agreement is available for
your inspection with your Employer.
A PARS 457 FICA Plan
account balance statement
is available at any time
upon request from:
PARS Trust Administrator
PO Box 12919
Newport Beach, CA 92658
800.540.6369
YOUR PARS 457 FICA Plan ACCOUNT
Effective June 1, 2006 and thereafter:
1. Each pay period, 6.2% will be
deducted from your salary and
deposited into your PARS 457 FICA
Plan account.
2. Each pay period, your employer will
also contribute the equivalent of
1.3% of your salary to your PARS
457 FICA plan account.
3. Investment activity will be credited
to your PARS 457 FICA Plan account
based upon your monthly account
activity and will accumulate taxfree until your termination from the
plan and the distribution of your
account balance.
ENROLLMENT IN PARS 457 FICA
Plan
is automatic
for eligible employees.
over
P.O. Box 12919
Newport Beach, CA 92658
800 . 540 . 6369
949 . 823 . 9900 fax
DESIGNATING A BENEFICIARY
1) If you die while you are employed,
your account balance will be
distributed to your beneficiary.
2) If you are married at the time of
your death, your spouse is automatically your beneficiary. If you wish
to designate someone other than your
spouse as your beneficiary, you must
do so in writing and your spouse must
sign a spousal consent.
3) If you are unmarried at the time of
your death, your account balance will
be paid to your estate unless you have
designated another beneficiary.
4) You may obtain a Beneficiary
Designation Form from your
employer or the PARS Trust
Administrator.
BECOMING ELIGIBLE FOR BENEFITS
your account balance is $5000 or greater,
please note that your account will only be
distributable due to termination,
retirement, death or permanent and total
disability.
RECEIVING YOUR ACCOUNT BALANCE
1) When your employer notifies PARS
that your employment has ended,
appropriate distribution forms will be
sent to you. Within 90 days of PARS’
receipt of all necessary distribution
forms, you will receive your account
balance in a lump-sum distribution.
2) You do not pay income taxes on your
account as it accumulates. When you
begin to receive benefits, the funds
received become taxable income.
If your account balance exceeds $200,
you may direct PARS to transfer the
balance of your PARS 457 FICA Plan
account to an IRA or another
retirement plan (that accepts
rollovers).
1) You or your beneficiary will receive
your PARS 457 FICA Plan account
balance after your employment
ends for any of the following reasons:
a.
b.
c.
d.
Termination of Employment
Retirement
Death
Permanent and Total Disability
2) If there have been no contributions to
your PARS 457 FICA Plan account for
two (2) years and your account
balance is less than $5000, you may
be able to request a distribution. Your
employer must notify PARS that
your participation has ended.
For Further Information
A Plan Summary describing PARS
457 FICA Plan in more detail is
available upon request.
Please feel free to contact
your employer or
the PARS Trust Administrator
at the numbers below:
PARS Trust Administrator
P.O. Box 12919
Newport Beach, CA 92658
800.540.6369
949.823.9900 fax
3) If there have been no contributions to
your account for two (2) years and
The PARS Trust Administrator is not licensed to and does not provide tax, accounting or legal advice.
You are urged to consult with appropriate professionals regarding the
tax, accounting, and legal implications of participating in PARS 457 FICA Plan.
P.O. Box 12919
Newport Beach, CA 92658
800.540.6369
949.823.9900 fax
DIRECT DEPOSIT
The City has the capability to directly deposit payroll checks to checking or savings accounts
throughout the United States. The bank must accept ACH (automated clearing house)
transmittals. Below is a summary of how this system works and your responsibilities as a
recipient of this service.
Employee Responsibility
During initial enrollment and after any changes listed below occur you should call your bank to
verify that the deposit was made to your account.
A number of events will cause an interruption or delay in your direct deposit service. These
events are listed below:
Name changes on your account
Transit/ABA number or bank name changes
Account number changes
General Information
After payroll receives the paperwork the process takes two pay periods. A prenote (test)
is sent the first pay period. If the prenote was successful, money is sent the second pay
period.
Money may be sent to multiple accounts. You may also send a fixed amount to the bank
and receive a check for the remainder.
Payroll transmits the direct deposit information every other Tuesday (two days prior to
payday). Some banks show the money as “available” on Wednesday morning, but do not
count on this since payday is actually not until Thursday. If your money is not in your
account by Thursday morning contact the payroll department.
If you deposit all of your earnings you will receive a white Employee Earning Statement.
If only a portion of your earnings is deposited you will receive a regular paycheck.
If you close your account, change account numbers, change names on account, change
banks or your bank is sold, notify Payroll immediately.
Procedure
Complete the personal information on the Direct Deposit Form.
Indicate the action by placing an „x‟ in the appropriate box (you may check more than
one).
Indicate with an „x‟ in the Bank Information if you are going to open, close or change
account information.
Indicate with an „x‟ in the Bank Information if this is a checking or savings account.
Complete the full Bank name, $ amount of action, routing # and account #. Even though
these numbers are on your deposit slip or check, you will need to verify with your bank
that they are the correct ones to use to set up a direct deposit.
Sign and date the form.
Attach a copy of a deposit slip or voided check and return to Human Resources payroll.
For questions on what information has been submitted to the system for transmittal, problems, or
questions on how the system works call Jenny Bransford at (817) 427-6107.
HR-084
City of North Richland Hills
WORKERS’ COMPENSATION
Notice to New Employees
INSTRUCTIONS: Employees newly hired by the City of North Richland Hills must receive, read, and sign this
notice regarding workers’ compensation prior to beginning work with the City. This signed notice will be maintained
in the employee’s personnel file documenting that notice was provided in compliance with the Texas Workers’
Compensation Act.
PURPOSE
As required under the Texas Workers’ Compensation Act, the City notifies new hires of workers’
compensation insurance coverage information and the relinquishment of common law or
statutory liability rights. As a political subdivision in the State of Texas, the City has the option
of purchasing commercial insurance or becoming a self-insurer for workers’ compensation
exposures. Working for a political subdivision also affects an employee’s rights with regard to
common law and statutory liability.
NOTICE REQUIREMENT
As required under Texas Labor Code, §504.018 “Notice to Commission and Employees; Effect
on Common-Law or Statutory Liability,” newly hired employees of the City of North Richland
Hills are notified of the following:
Type and Date of Workers’ Compensation Insurance Coverage:
The City of North Richland Hills provides workers’ compensation insurance coverage to eligible
employees. The City self-funds its workers’ compensation exposures as allowed under Texas
Labor Code §504.011 “Method of Providing Coverage.” Under the current self-insurance
arrangement, there is no coverage inception or expiration date. Workers’ Compensation
benefits are provided in compliance with the Texas Workers’ Compensation Act.
Acceptance of Compensation Provisions:
Employees of a political subdivision, such as the City of North Richland Hills, are conclusively
considered to have accepted compensation provisions instead of common-law or statutory
liability or cause of action, if any, for injuries received in the course of employment or death
resulting from injuries received in the course of employment.
Employees of political
subdivisions are therefore not given the option of retaining their common law right of action
available to employees of private companies. Employees of private companies that retain their
common-law or statutory liability cause of action are able to sue their employer for negligence if
they reject the exclusive remedy of workers’ compensation when newly hired. Although City
employees are unable to change this provision, the City is required to notify new hires of the
provision.
ACKNOWLEDGEMENT
As a newly hired City of North Richland Hills employee, I have received, read, and understand
this notice regarding the City’s workers’ compensation benefits. I further understand that by
working for the City of North Richland Hills, a political subdivision in the State of Texas, I
relinquish my common law right of action to recover damages for personal injuries related to
work-related injuries.
Signature of Employee
Notice to New Employees.doc
Printed Name of Employee
Date
REV: 09/24/99
City of North Richland Hills
Drug Testing of Applicants
TESTING NOTICE & CONSENT TO CONDUCT PRE–EMPLOYMENT DRUG TESTING
PURPOSE OF THIS NOTICE AND CONSENT DOCUMENT
This notice and consent document is designed to provide the applicant with notice that the City conducts pre-employment drug
testing, an overview of the procedures for drug testing, and the consequences of a positive drug test. This document offers
abbreviated information on the City’s drug testing program, and does not represent all policies, procedures, or rules that the City
has established for drug testing that may affect current employment or potential employment with the City. Any questions about the
City’s drug testing program should be directed to Risk Management at (817) 427-6100.
NOTICE OF DRUG TESTING POLICY & PROCEDURES
The City of North Richland Hills promotes a drug and alcohol free environment for its employees, customers, and vendors. The City
has adopted a policy that allows for pre-employment drug testing. The City’s drug policy establishes a ‘zero tolerance’ policy for
illegal drug use. Passing a pre-employment drug test is required as a condition of employment with the City of North Richland Hills.
The City utilizes collection sites and laboratories that meet nationally recognized standards to provide accurate, reliable, and
generally accepted testing procedures and methods. Approximately 45 ml of urine will be required for a pre-employment drug test
and will be collected at a collection site established by the City of North Richland Hills. Split sample procedures have been
established with the collection facility and laboratory. The drug test may screen for positive levels of illicit drugs including, but not
limited to, the following: cannabinoids (e.g. TCH, hashish, marijuana); amphetamines (e.g. speed, uppers, ecstasy); opiates (e.g.
heroin, codeine, morphine); benzodiazepine (e.g. valium); methadone, cocaine, barbiturates (e.g. amobarbital, phenobarbital,
butibarbital); propoxyphene (e.g. Darvon, Darvocet); methaqualone, phencyclidine (e.g. PCP, Angel Dust), and substances similar
to these listed. The laboratory reports all positive drug tests to a Medical Review Officer (MRO) for review. The MRO will contact
you to determine if the positive drug test is a result of legitimate, legal use of prescription or over-the-counter drugs. If you are
unable to provide a satisfactory explanation that accounts for the positive drug test, the MRO will report a positive drug test to the
City of North Richland Hills.
If the MRO reports a positive result to the City, the applicant has 72 (seventy-two) hours to contact City Risk Management at 817581-5666 to contest the test results. Upon receiving written notice, the City will request the MRO to send the split sample to
another DHHS-certified laboratory for testing. The applicant is responsible for the costs associated with the second test. If the
applicant does not contact City Risk Management within the time frame, the applicant will forfeit the opportunity to retest the split
sample. The positive test result will be logged.
CONSEQUENCES OF A FAILED DRUG TEST
An applicant may be deemed to have failed a drug test if the urine sample has been adulterated/altered or if a positive result is
obtained from the drug test, as discussed below:
¾ Adulterated/Altered Sample: Any urine sample identified by the collection site or laboratory personnel as adulterated and/or
altered will be deemed a refusal to follow the City of North Richland Hill’s policy, will be rejected, and will result in a failed drug
test.
¾ Positive Drug Test: If the laboratory tests the applicant’s urine sample and finds levels of illicit drugs that are not satisfactorily
explained to the MRO, you will fail the drug test.
In either circumstance, the City of North Richland Hills will withdraw the conditional offer of employment since the applicant did not
meet the job qualifications of passing a drug test. The applicant will not be considered for employment with the City until one (1)
year has elapsed from the testing date or sufficient proof of successfully completing a drug rehabilitation program (documentation
from a Substance Abuse Professional) has been submitted and approved by the City. In addition, another pre-employment drug
test with a negative result will be required if a subsequent conditional offer of employment is made.
INFORMED CONSENT TO CONDUCT PRE-EMPLOYMENT DRUG TESTING (Read this section, choose one of the options, and sign.
I, the undersigned, certify that I have read and understand the information provided in this document regarding the City of North
Richland Hill’s drug testing program. I understand that applicants for employment are required to take and pass a drug test
as a condition of employment with the City of North Richland Hills. I understand the general procedures that will be followed
for the testing. Further, I understand the consequences of an adulterated or altered sample and/or positive drug test.
Understanding all of the above and wishing to be considered as an applicant for employment with the City of North Richland
Hills, I hereby consent to the City of North Richland Hills and/or its agents to conduct a drug test by means of collecting a urine
specimen by medical personnel and having a laboratory analyze said specimen using the most current appropriate technology to
test for the above listed drugs. I authorize the release to the City of North Richland Hills all results of drug tests taken by me as
a result of this consent. I understand the results of the test will be released only to those City officials with a need-to-know, and
used by the City of North Richland Hills for the sole purpose of making employment decisions.
Understanding all of the above, I hereby do not consent to be drug tested for an employment opportunity with the City. I
understand that by refusing to consent to be tested, I will be removed from consideration for employment opportunities with the
City.
Printed Name of Applicant
Signature of Applicant
RM-801 Drug/Alcohol Testing Notice & Consent to Pre-Employment
Date
REV: 08/27/99
City of North Richland Hills
Texas Open Records Act
Employee Election
PURPOSE
This form explains the Texas Open Records Act (Act) as it relates to City employees. In addition,
this form serves as written notice from the employee to the City regarding access to certain
personal information. In compliance with the Act, City employees are given the option of allowing
or restricting public access to their personal information, including home address, home telephone
number, social security number, or information about family members.
EXPLANATION OF TEXAS OPEN RECORDS ACT
If properly requested under the Texas Open Records Act, City information is available to the public
– including certain employee information. Unless an employee specifically restricts access to
personal information, the City must provide the information if a request is properly made under the
Texas Open Records Act (Government Code, Chapter 552).
In order to restrict access to certain personal information, the employee must provide written
notification to restrict public access. Personal information that may be restricted includes the
employee’s home address, home telephone number, social security number and information on
family members.
In compliance with Section 552.117 of the Act, a Texas peace officer is not required to file a written
request to keep his/her personal information confidential. Personal information - including home
telephone number, home address, social security number, and information on family members – is
automatically considered confidential. Effective 9/1/99, personal information on any peace officer
killed in the line of duty will remain confidential after his/her death.
Once written notification has been received to restrict or allow public access to this personal
information, further written notice from the employee is required to change it.
EMPLOYEE ELECTION REGARDING PUBLIC ACCESS
As an employee of the City of North Richland Hills, I request that the City:
(Check one)
allow
not allow
public access to my home address, home telephone number, social security number, and/or
information about family members as allowed under Texas Open Records Act, Section 552.024. I
understand that if I wish to change this election, it is my responsibility to submit a written notice to
the City of North Richland Hills.
Printed Name of Employee
HR-035 Texas Opens Records Act Employee Election
Signature of Employee
Date
REV: 7/16/99
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 13-1
CHAPTER 13
EMPLOYEE SAFETY AND HEALTH
I.
PURPOSE
Loss information analysis is a valuable tool for
identifying trends and proactively addressing
employee safety and health issues. Turning
useful data into useful management information
begins with a credible reporting process. The
following policies provide simple guidelines for
tracking employee injuries and equipment
damage as well as outlines a review process
that provides accountability on behalf of City
employees. Informing the City’s workers of the
facts and causes of accidents that have already
happened is a highly effective method of training
workers to avoid future injury and equipment
accidents. In addition to the benefits stated
above, fast, accurate, and thorough loss
information is vital to our workers’ compensation
and liability claims adjusters in making claims
decisions.
II.
PROGRAM MANAGEMENT
The Human Resources Department is
responsible
for
the
management
and
administration
of
the
City's
workers'
compensation
and
employee
safety/risk
management program. The safety program
includes, but is not limited to, the following
areas: accident and injury investigation, safety
training, general liability assessment, facility
inspection, evaluation of hazardous work
activities or environment, and return-to-work
releases.
III.
WORKERS' COMPENSATION
An employee injured on the job and in the line of
duty will be eligible for workers' compensation
according to established state law.
IV.
REPORTING INJURIES OR ILLNESSES
1. Employees
Employees must report in writing by use of
the First Report of Injury/Illness any on-thejob injury/illness, however minor, to the
designated department representative by
the next business day or the employee’s
next assigned shift, whichever is sooner.
Violation of this requirement may involve
disciplinary action up to and including
termination.
For employees that are
incapacitated and unable to complete the
report, the employee's supervisor is
responsible for completing and sending the
report to the Human Resources Department.
2. Supervisors
Upon receipt of a report of injury,
supervisory personnel must report a
subordinate’s injury/illness, however minor,
to the Human Resources Department by the
next business day or by the supervisor’s
next assigned shift, whichever is sooner.
Violation of this requirement may result in
disciplinary action up to and including
termination.
V.
COLLISSION AND VEHICLE/EQUIPMENT
ACCIDENT REPORT
Supervisors are responsible for completing the
applicable equipment accident or damage report
and sending it to the Human Resources
Department as well as sending a copy to the
City’s Equipment Services Division within 48
hours of the accident.
VI.
MEDICAL EXAMINATIONS
Employees sustaining an on-the-job injury
requiring medical treatment other than first aid,
should be initially seen by the City’s
occupational illness/injury preferred medical
provider. However, his/her own physician can
also treat the employee.
VII.
INCIDENT INVESTIGATIONS
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 13-2
CHAPTER 13
EMPLOYEE SAFETY AND HEALTH
Upon receipt of the incident report, the Risk
Manager will review and render a ruling of
“chargeable” or “non-chargeable” and, if
applicable, identify additional individuals’ who
may have contributed to the incident.
A
“chargeable” incident is defined as “the failure to
follow policy, instructions, state or federal laws,
or safe work practices, which directly contributed
to an incident that resulted in property damage
or injury.”
1. Department Investigation
All employee injuries and vehicle/equipment
accidents will be investigated and reviewed
by the
department
supervisor
and
department director to determine the
“chargeability” of the incident. This finding
(chargeable or non-chargeable) will be
noted on the appropriate incident report.
2. Risk Management Investigation
Upon receipt of the incident report in the
Human Resources Department, the Risk
Manager will review and render a decision of
“chargeable” or “non-chargeable” and, if
applicable identify additional individual’s
causal to the incident.
3. Police and Fire Vehicle/Equipment
Accident Reviews
Accidents involving Public Safety employees
will be reviewed by the appropriate Incident
Review Board pursuant to the governing
general orders.
The City's Human
Resources Director or his/her designee will
serve as an ex-officio advisor to the Police
and Fire Incident Review Board.
VIII.
EMPLOYEE APPEAL OF CHARGEABLE
DECISION
Employees receiving a formal written notice of a
“chargeable” decision by the Risk Manager may
request an appeal to the City’s Incident Review
Board. The appeal must be in writing and made
within five (5) days of receipt of the formal notice
of a “chargeable” decision.
IX.
INCIDENT REVIEW BOARD
The Incident Review Board (IRB) is established
to determine the causes and assess the
responsibility of injuries and equipment
accidents. In addition, the IRB will attempt to
identify why unsafe acts or conditions are
occurring.
1. Board Membership
The IRB will consist of a Human Resources
Department
representative
and
a
managerial level employee selected by the
appellant’s department director.
2. Board Responsibilities
a. The members of the IRB will review the
incident report form, supervisor notes,
witness
statements,
applicable
departmental or City policies, any police
reports, etc., to the incident.
b. The IRB will consider only the facts and
circumstances presented at the time of
the review in arriving at a decision.
c. The employee will be given an
opportunity to meet with the members of
the IRB to present his/her case. This is
an informal meeting.
d. Following the meeting, a written
decision will be forwarded to the
employee
and
the
appellant’s
department director.
3. IRB Decision
All decisions of the Review Board will be by
majority vote. In the event of a tie, the
recommendation of the Director of Human
Resources will prevail.
4. Department Director Appeal of the IRB
Decision
If the Department Director disagrees with
the IRB decision he/she may submit a
written request for appeal to the appropriate
Assistant
City
Manager
for
final
determination.
5. Records
The Human Resources Department will
maintain a master file of all decisions of the
IRB. Records of “chargeable” incidents will
also be placed in the employee’s personnel
file along with any disciplinary action taken
as a result of the “chargeable” incident.
6. Chargeable Incidents
At a minimum, employees are subject to the
progressive discipline guidelines as stated
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 13-3
CHAPTER 13
EMPLOYEE SAFETY AND HEALTH
below. To maintain the functions and order
of the City, the City reserves the right to
determine the degree of violation and take
appropriate action which may involve
accelerating the disciplinary process. Based
upon the total number of incidents,
determined “chargeable” within an 18-month
period, an employee is subject to discipline
up to and including termination.
st
1 Oral Warning – (Documented)
nd
2 Written Reprimand
rd
3 Minor Suspension
th
4 Major Suspension
th
5 Demotion or Termination
X.
INJURY ABSENCE TIME LIMITATIONS
1. Injury Absence Time Limit
Employees injured on the job shall be
entitled to receive their full pay for periods of
time according to the following schedule
provided proper notification of the injury has
been made to Human Resources.
a. Full pay (salary supplement payments)
shall be paid to the employee for thirty
days following the first day absent due
to an injury occurring while on the job.
The thirty days with full pay shall be
cumulative of all time lost related to the
same injury.
b. The City Manager or his/her designee,
upon the recommendation of the injured
employee's department director, may
extend full pay (salary supplement
payments) to the employee for a period
not to exceed one year of cumulative
absences from the first day absent due
to such injury.
c. Full pay (salary supplement payments)
may be suspended at any time for
reasons as described in Chapter 13,
Section
XI.
Salary
Supplement
Payments with the approval of the
Director of Human Resources.
2. Accrual of Benefits
Employees will continue to accrue vacation
and sick leave at their regular rate while on
paid injury absence.
XI.
SALARY SUPPLEMENT PAYMENTS
Pay will equal the employee’s net pre-injury
wage, defined as gross wage (excluding
overtime) less deductions for Texas Municipal
Retirement
System,
Social
Security,
Medicare/FICA, and Federal Income Tax
Withholding. Only workers who are on injury
absence and are in compliance with this policy
are eligible for salary supplement payments
beyond the initial 30 days of injury absence.
1. Eligibility Requirements for Salary
Supplement
Eligibility requirements are based on
employment status. Only regular, full-time
employees
are
eligible
for
salary
supplement.
2. Suspension of Salary Supplement
Payments
Salary supplement payments may be
suspended at any time for the employee's
failure to comply with City policies,
procedures, or directions.
3. Grounds for Suspension of Injury
Absence and/or Salary Supplement
Payments
The following are grounds for denial or
suspension of injury absence, including
salary supplement payments:
a. If employee engages in work, whether
part-time for pay or as a volunteer, while
off work receiving or requesting salary
supplement payments.
b. If employee is terminated for any
reason.
c. If an employee fails or refuses to comply
with the instructions or advice of a
treating physician to improve his/her
condition.
d. If employee fails to act in a manner
consistent
with
being
off
work
convalescing.
e. If Workers' Compensation indemnity
payments are stopped.
f. If employee refuses to accept or perform
a different or modified-duty assignment
with the City that, in the opinion of a
treating physician, is within the
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 13-4
CHAPTER 13
EMPLOYEE SAFETY AND HEALTH
employee's physical capacity and for
which the employee is able, qualified,
and/or will be trained.
g. If employee refuses to submit to any
independent medical examination or
treatment in accordance with the Texas
Workers' Compensation Statute.
h. If employee refuses to return to regular
duty after being released by a treating
physician.
i. If employee reports an injury requiring
submission of an "alleged" report by the
Human Resources Director.
j. If employee fails to report an injury in
compliance with this policy.
k. If employee fails to keep the immediate
supervisor informed on a weekly basis
as to the status of the injury when off
work receiving salary supplement
payment.
l. If employee submits a claim which is
denied
by
the
City's
Workers'
Compensation administrator.
m. If employee refuses to cooperate with
City administration in ascertaining facts,
information, and requests concerning
the status of the injured employee.
n. If employee fails or refuses to take any
post-accident drug or breath alcohol
test.
o. If employee sustains an injury ruled
“chargeable” by the Incident Review
Board.
4. Appeal of Injury Absence
Denial of injury absence or salary
supplement payments in compliance with
these policies is not appealable to the Civil
Service Commission or subject to the
complaint process. An injured employee
may not use the appeal or complaint
process to restore past, present, and/or
future denied salary supplement payments.
XII.
MODIFIED-DUTY
An employee who is temporarily unable to
perform one or more of the “essential
requirements” of the employee’s job due to a
work- or non-work-related injury/illness may be
assigned modified duty work if available.
Modified-duty work is defined as a temporary job
assignment provided to an employee who, due
to an illness or injury, is temporarily unable to
perform one or more of the essential
requirements of their job.
A modified-duty
assignment may involve an assignment whereby
an employee is working less than eight hours a
day or fewer than five days a week. For each
incident, modified-duty assignment(s) may not
exceed a total of six months (180 calendar
days). Partial days worked as time off, paid or
unpaid, during the modified-duty assignment(s)
will count towards the 180 days total. An
employee’s absence from regular work hours,
(hours based upon a 40-hour workweek during
the period of modified duty), will be charged
against their approved leave time. A modifiedduty assignment may be terminated at the
discretion of the employee’s department
director. A modified-duty assignment will be
approved only when the following conditions and
responsibilities are met:
1. Conditions for Approving Modified-Duty
a. The proposed modified-duty assignment
includes duties that are meaningful in
that the modified-duty assignment
benefits the City and provides needed
services to the citizens of North
Richland Hills.
b. The injury is judged by the employee’s
treating physician to be of a temporary
nature.
c. The department decides that there is an
availability of work, and there is an
ability to accommodate the modifiedduty assignment.
d. Modified-duty releases received from
the employee’s physician, outlining
limitations for lifting, walking, stooping,
bending, carrying, driving, and/or other
specific limitations of the injured/ill
employee.
e. The employee fulfills all of the recertification requirements for extending
modified-duty discussed in subsection 4,
Re-Certification for Modified Duty
Assignments" below.
2. Employee Responsibilities
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EMPLOYEE SAFETY AND HEALTH
a. Obtain a medical release from his/her
treating physician. A medical release
must contain a prognosis and an
estimated date for the employee’s
complete recuperation and return to
regular duty. The medical examination
for an off-the-job injury or illness will be
at the employee’s expense.
b. Upon release to full duty with no
physical restrictions, report to the
assigned supervisor with the treating
physician’s statement showing that the
employee has been released to full duty
with no restrictions.
3. Supervisor Responsibilities:
a. Assigns work hours and maintains time
reports.
b. At the inception of the modified-duty
assignment and prior to returning to full
duty, notify the Human Resources
Department.
4. Re-certification
for
Modified-Duty
Assignment
a. The departments will be given an
opportunity to periodically assess their
staffing needs and status of modifiedduty employees. Therefore, employees
working a modified-duty assignment
must re-certify approximately every 45days.
b. Re-certification Procedure: Employee
must obtain a medical release from
his/her treating physician. A medical
release must contain a prognosis and
an estimated date for the employee’s
complete recuperation and return to
regular duty. The medical examination
for off-the-job injuries or illnesses will be
at the employee’s expense.
5. The City of North Richland Hills does not
maintain any permanent modified duty
positions.
XIII.
EMPLOYEE DRIVING STANDARDS
1. Only City employees or authorized
personnel may operate City vehicles.
2. Employees who are in jobs requiring the
driving/operating of City vehicles must report
any and all traffic convictions, citations for
moving violations, and/or revocations
incurred while operating a City vehicle to
their immediate supervisor within 24 hours
of the violation and/or conviction.
3. Any employee involved in a vehicle accident
while conducting City business must report
the accident to their supervisor immediately.
This includes employees involved in a
vehicle accident while driving their personal
vehicle for City business.
4. All employees who drive during the course
and scope of their employment are subject
to periodic audits of their driver’s licenses
and driving records.
XIV.
EMPLOYEE LOSS OF DRIVING PRIVILEGES
1. Loss of Driving Privileges
Loss of driving privileges will occur to
employees who are convicted of or are on
deferred adjudication, for the following
violations:
a. Driving Under the Influence (DUI).
b. Driving While Intoxicated (DWI).
c. License suspended, revoked, or denied.
d. Manslaughter or criminally negligent
homicide involving the operation of a
motor vehicle.
e. Operating a motor vehicle with license
suspended or revoked.
2. Results of Lost Driving Privileges
Employees who cannot drive City-owned,
leased, borrowed, or rented vehicles and/or
motorized equipment and are in a position
which requires the operation of a vehicle
and/or motorized equipment in the
performance of their duties will be given a
non-disciplinary termination within ten (10)
days from the date the employee was
determined ineligible for driving privileges.
City of North Richland Hills Personnel Policies & Procedures Manual
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Page 16-1
CHAPTER 16
CONTROLLED SUBSTANCE/ALCOHOL ABUSE AND TESTING
POLICY
I.
DRUG FREE WORKPLACE STATEMENT
The City of North Richland Hills is committed to
maintaining a drug and alcohol free workplace.
Additionally, it is the City’s desire to comply with
the Federal Department of Transportation’s
regulations regarding drug and alcohol testing of
employees who are required to have a
commercial driver's license (CDL). No person
will be employed by the City or remain employed
by the City if a positive result is received from a
drug test, other than from the use of lawfully
prescribed drugs or over the counter medication.
No person will be employed by the City or
remain employed by the City if a breath alcohol
concentration of 0.02 or greater from an alcohol
test administered in accordance with this policy.
The Substance Abuse Policy Manager for the
City of North Richland Hills is the Director of
Human Resources.
II.
PROCEDURES – CDL DRIVERS
A pre-employment drug test will be administered
to every individual prior to appointment to a
position with the City. The individual to be
tested will receive a conditional offer of
employment contingent on the individual passing
the test. The offer of employment will be
withdrawn if a positive result is received from the
drug test.
1. Applicability
Individuals subject to testing under this
section are employees who are required to
have a commercial driver’s license, including
seasonal, temporary, and part time
employees. Hereinafter, these employees
will be referred to as a "Covered Employee."
Sworn Police and Fire personnel are exempt
from this section. A CDL is required to:
a. Operate a vehicle in excess of 26,000
pounds gross vehicle weight;
b. Operate vehicles designed to carry 16
or more persons (including the driver);
c.
Operate any size vehicle which is used
in the transportation of a placardable
amount of hazardous material; or
d. Work in a safety sensitive position.
2. Definitions
a. Accident:
Any event involving a
commercial motor vehicle (CMV) that
results in either a fatality, or the driver
receives a citation for a moving traffic
violation arising from an accident
involving a fatality, injury or a vehicle
which is towed due to disabling damage.
b. Employee: Any employee who operates
or who is designated to operate a CMV
and employees who work in a safety
sensitive position.
c. Drug/Alcohol Testing: Generally defined
as a urine, blood, or breath test to
determine chemical, alcohol, or drug
content.
d. Reasonable Suspicion: A belief that an
employee is using or has used drugs or
alcohol in violation of this policy. Drawn
from specific objective facts and
reasonable inferences drawn from those
facts in light of training or experience
and may be based upon among other
things
the
following
observable
phenomena, such as:
1. The
physical
symptoms
or
manifestations of being under the
influence of drug or alcohol use
while at work or on duty; or the
direct observation of drug or alcohol
use while at work or on duty.
2. A report of drug or alcohol use while
at work or on duty, provided by
reliable and credible sources and
which has been independently
corroborated.
3. Evidence that an individual has
tampered with a drug or alcohol test
during his or her employment with
the City;
4. Evidence that an employee is
involved in the use, possession,
sale, solicitation, or transfer of drugs
while on duty or while on the City’s
premises or while operating the
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CONTROLLED SUBSTANCE/ALCOHOL ABUSE AND TESTING
POLICY
City’s
vehicle,
machinery,
or
equipment.
e. Safety Sensitive Position: An employee
is considered to be performing, ready to
perform, or immediately available to
perform any of the following on-duty
safety sensitive functions.
1. All time spent inspecting, servicing,
or conditioning any CMV;
2. All time spent at the driving controls
of a CMV; all time, other than
drivers time, spent in a CMV;
3. All time spent loading or unloading a
CMV, supervising or assisting in the
loading or unloading of a CMV,
attending a CMV being loaded or
unloaded, re-maining in readiness to
operate CMV, or in giving receipts
for shipment loaded or unloaded;
and
4. All time spent repairing, obtaining
assistance,
or
remaining
in
attendance upon a disabled vehicle.
3. Testing
a. Post-Accident Testing:
If it is
determined
that
the
employee’s
performance contributed to the accident
or cannot be completely discounted as a
contributing factor, the following testing
will be performed:
1. Drug - Each employee performing a
safety
sensitive
function
in
conjunction with an accident will be
drug tested within 32 hours directly
following the accident.
2. Alcohol - As soon as practical
following
an
accident,
each
employee performing a safety
sensitive function in conjunction with
an accident will be tested for
alcohol. If such test cannot be
conducted within 2 hours following
the
accident,
the
employees
supervisor will prepare and maintain
on file a record stating reasons why
the
test
was
not
promptly
administered. Attempts to alcohol
test will cease after 8 hours and
records will indicate documentation
of reasons why tests were not
administered.
b. Reasonable Suspicion:
Drug and
alcohol testing will be conducted on an
employee when a supervisor has
reasonable suspicion that the employee
is under the influence of drugs or
alcohol. Refer to Definitions in Section
II, Subsection 2.
c. Random: Employees to be tested will
be randomly selected by electronic
means.
d. Initial Assignment to a Safety Sensitive
Position: An employee will be tested for
drugs prior to an initial assignment to a
safety sensitive position with the City.
4. Management Responsibilities
a. The Human Resource Department will
provide training for supervisory and
subordinate personnel to familiarize
them with the drug and alcohol testing
requirements of the Federal Department
of Transportation.
b. The Human Resource Department will
prepare and issue rules and procedure
to ensure compliance with the federal
regulations regarding drug and alcohol
testing of persons assigned to a safety
sensitive position.
c. The Human Resource Department will
keep a separate file on each employee
covered under this policy. All records of
activity regarding drug and alcohol
testing required by this policy will be
maintained in these files.
5. Supervisor Responsibilities
a. When a Covered Employee is involved
in an accident (as defined) while on
duty, the employee’s supervisor will
notify
the
Human
Resources
Department immediately or, if after
regular business hours, by 9:00 a.m. the
next business day.
b. When a trained supervisor observes or
believes the actions, appearance or
conduct of an employee is indicative of
use of a controlled substance or alcohol
misuse, a urine test and/or alcohol
breath test will be conducted. The
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CONTROLLED SUBSTANCE/ALCOHOL ABUSE AND TESTING
POLICY
supervisor will transport the suspected
employee to and from the collection
facility immediately. Before transporting
the employee to the collection facility,
the supervisor will notify the Human
Resources Director of the situation. The
circumstances will be witnessed by at
least one trained supervisor who does
not directly supervise the employee.
6. The Covered Employee Will Not:
a. Be on duty or operate a CMV while in
possession
of
alcohol,
unless
manifested and transported as part of a
shipment.
This includes medicines
containing alcohol (over the counter or
prescription) unless the package seal is
unbroken.
b. Refuse to submit to an alcohol or drug
test as required.
c. Report for duty or remain on duty while
using any controlled substance except
when instructed by a physician who
advised the employee that the
substance does not adversely affect the
Covered Employee’s ability to safely
operate a CMV.
d. Consume alcohol within eight hours
following an accident, or until submitting
to an alcohol test, whichever comes
first.
7. Refusal to Submit
The employment of any person who refuses
to submit to a drug or alcohol test will be
terminated.
8. Voluntary Reporting
A covered employee who has reported an
alcohol or drug problem voluntarily, prior to
notification requiring testing, will be allowed
to take medical leave to seek treatment.
The employee will be permitted to return to
duty upon successfully completing a
rehabilitation program through an approved
treatment facility. Drug/alcohol tests will be
conducted at any time without notice for a
period of one-year following the employee’s
return to work. A Covered Employee with a
positive drug test or a breath alcohol
concentration of 0.02 or greater from an
alcohol test during the period will be
terminated.
III.
PROCEDURES FOR OTHER EMPLOYEES
1. Drug/Alcohol Testing
a. A drug and/or alcohol test will be
required of an employee when there is
reasonable suspicion that the employee
is using or has used drugs or alcohol in
violation of this policy.
b. Reasonable suspicion is defined as a
belief that an employee is using or has
used drugs or alcohol in violation of this
policy drawn from specific objective
facts and reasonable instances drawn
from those facts in light of training or
experience and may be based on,
among other things, the following
observable phenomena, such as:
1. The
physical
systems
or
manifestations of being under the
influence of a drug or alcohol use
while at work on duty, or
2. The direct observation of drug or
alcohol use while at work or on duty.
3. A report of drug or alcohol use while
at work or on duty, provided by
reliable and credible sources and
which has been independently
corroborated.
4. Evidence that an individual has
tampered with a drug or alcohol test
during his or her employment with
the City; or
5. Evidence that an employee is
involved in the use, possession,
sale, solicitation, or transfer of drugs
while on duty or while on the City’s
premises, or while operating the
City’s
vehicle,
machinery,
or
equipment.
c. When a supervisor observes or believes
the actions, appearance, or conduct of
an employee is indicative of use of a
controlled substance or alcohol misuse,
a urine test and/or alcohol breath test
will be conducted. The supervisor will
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CHAPTER 16
CONTROLLED SUBSTANCE/ALCOHOL ABUSE AND TESTING
POLICY
2.
3.
4.
5.
transport the suspected employee to
and
from
the
collection
facility
immediately. Before transporting the
employee to the collection facility, the
supervisor will notify the Human
Resources Director of the situation. The
circumstances will be witnessed by at
least one supervisor who does not
directly supervise the employee.
Over the Counter Medications
An employee will not be allowed to remain
on the job when the employee’s
performance is adversely affected by an
over the counter medication. Employees
who claim to have taken an over the counter
medication may be required to submit to a
drug and/or alcohol test for verification.
Refusal to Submit
The employment of any person who refuses
to submit to a drug or alcohol test will be
terminated.
Voluntary Reporting
An employee who has reported an alcohol
or drug problem voluntarily, prior to
notification requiring testing, will be allowed
to take medical leave to seek treatment.
The employee will be permitted to return to
duty upon successfully completing a
rehabilitation program through an approved
treatment facility. Drug/alcohol tests will be
conducted at any time without notice for a
period of one-year following the employee’s
return to work. An employee with a positive
drug test or a breath alcohol concentration
of 0.02 or greater from an alcohol test during
the period will be terminated.
Employee Responsibilities
The Covered Employee will not:
a. Be on duty or operate the City’s
vehicle, machinery, or equipment while
in possession of alcohol.
b. Refuse to submit to an alcohol or
controlled substance test as required by
reasonable suspicion.
c. Report for duty or remain on duty while
using any controlled substance.
d. Report for duty or remain on duty while
using any prescription or over the
counter medication that adversely
affects the employee’s ability to safely
operate a City vehicle, machinery, or
equipment.
IV.
PROCEDURES – PROMOTIONS
1. Drug Testing for Promotional Positions
A drug test will be required of an employee
prior to the employee being promoted to a
non-Civil Service position.
2. Applicability
This section applies to all City employees,
except seasonal and temporary.
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 18-1
CHAPTER 18
SEXUAL AND OTHER UNLAWFUL HARASSMENT
I.
PURPOSE
The purpose of this policy is to provide all
employees a work environment that is free from
sexual harassment and any other form of illegal
harassment or intimidation.
II.
GENERAL PROVISIONS
1. Policy
Pursuant to Title VII of the Civil Rights Act of
1964, the City prohibits all forms of
discrimination, including harassment, on the
basis of race, color, ancestry, religion,
national origin, age, sex, marital status,
disability, or veteran status. In keeping with
this commitment, the City will not tolerate
harassment of City employees or applicants
for employment.
2. Director of Human Resources
The Human Resources Director is
responsible for enforcing this policy and will
serve as the investigative officer for
harassment issues. The Human Resources
Director will receive training about
harassment and will be responsible for
investigating harassment complaints.
3. Amendments
The City Manager reserves the right to
amend this policy. The Human Resources
Department will notify employees of
changes to this policy.
4. Training
The City will provide mandatory training in
harassment matters for supervisors.
III.
DEFINITIONS
1. Harassment
Unwelcome conduct, whether verbal,
physical, or visual, that is based on a
person’s race, color, ancestry, religion,
national origin, age, sex, marital status,
disability, or veteran status.
2. Sexual Harassment
Unwelcome sexual advances, requests for
sexual favors, or verbal or physical acts of a
sexual or sex-based nature where:
a. Submission to the conduct is made an
explicit or implicit term or condition of
employment.
b. Submission to or rejection of the
conduct is used as the basis for an
employment decision; or
c. The conduct unreasonably interferes
with an individual’s work performance,
or creates an intimidating, hostile, or
offensive working environment.
IV.
PROHIBITED CONDUCT
The City considers the following conduct to
represent the types of acts which violate this
policy. This list is not intended to be exhaustive
and the City reserves the right to consider
actions not on the list as violations of this policy:
1. Physical assaults, such as:
a. rape, sexual batter, molestation, or
attempts to commit these assaults; and
b. intentional physical conduct that is
sexual in nature, such as touching,
pinching, patting, grabbing, brushing
against another person’s body, or
poking another person’s body.
2. Unwanted sexual advances, propositions, or
other sexual comments, such as:
a. sexually oriented gestures, noises,
remarks, jokes, or comments about a
person’s sexuality or sexual experience;
b. preferential treatment or promises of
preferential treatment to an employee
for submitting to sexual conduct,
including soliciting or attempting to
solicit any employee to engage in sexual
activity for compensation or reward; or
c. subjecting, or threats of subjecting, an
employee
to
unwelcome
sexual
attention or conduct or intentionally
making performance of the employee’s
job more difficult because of that
employee’s
rejection
of
sexual
advances, speech, or conduct.
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 18-2
CHAPTER 18
SEXUAL AND OTHER UNLAWFUL HARASSMENT
3. Sexual or discriminatory displays or
publications in the workplace or when
engaged in city business by employees,
such as displaying pictures, posters,
calendars, graffiti, objects, promotional
materials, or reading materials that are
sexually suggestive, sexually demeaning, or
pornographic, or bringing into the work
environment or possessing the material to
read, display, or view at work. A picture is
presumed sexually suggestive if it depicts a
person who is not fully clothed or in clothes
that are not suited to or ordinarily accepted
for accomplishing routine work and who is
posed for the obvious purpose of displaying
or drawing attention to the private portions of
the body.
4. Verbal or physical conduct that singles out,
denigrates or shows hostility or aversion
toward an individual because of his/her race,
color, religion, sex, national origin, age,
disability, marital status, veteran status or
any other characteristic protected by law or
that of his/her relatives, friends or associates
that:
a. has the purpose or effect of creating an
intimidating, hostile or offensive working
environment;
b. has the purpose or effect of
unreasonably
interfering
with
an
individual’s work performance; or
c. otherwise
adversely
affects
an
individual’s employment opportunities.
5. Subjecting, or threats of subjecting, an
employee to unwelcome attention or
conduct,
or
intentionally
making
performance of the employee’s job more
difficult because of that employee’s race,
color, ancestry, religion, national origin, age,
sex, marital status, disability, or veteran
status. Such conduct includes, but is not
limited
to
epithets,
slurs,
negative
stereotyping, threatening, intimidating or
hostile acts; denigrating jokes; and written or
graphic material that singles out, denigrates,
or shows hostility or aversion toward an
individual or group that is placed on walls or
elsewhere on the employer’s premises or
circulated in the workplace.
6. Retaliation for harassment complaints, such
as disciplining, changing work environments,
providing inaccurate work information to, or
refusing to cooperate or discuss workrelated matters with an employee because
that employee has complained about or
resisted harassment, discrimination, or
retaliation.
7. Other acts of a similar nature.
V.
COMPLAINT PROCEDURE
1. The City encourages employees who
encounter harassment to firmly and promptly
notify the offender that the behavior is
unwelcome and that the conduct must stop.
2. Reporting Requirements
a. Except as stated in (b) hereof, an
employee who experiences or observes
any form of illegal harassment or
retaliation must report the incident to a
supervisor, department director, the
Human
Resources
Director,
an
Assistant City Manager or the City
Manager, whomever the employee feels
most comfortable approaching.
b. Illegal harassment or retaliation by a
supervisor or a department director
must be reported to the Human
Resources Director, an Assistant City
Manager or the City Manager.
3. The complaint may be either oral or written.
However, oral reports of harassment must
be reduced to writing by either the
complainant or the person who receives the
complaint, and must be signed by the
employee.
4. Anonymous complaints will be taken
seriously and investigated.
5. The supervisors and department directors
must report all harassment and retaliation
complaints to the Human Resources
Director.
6. Each complaint will be promptly and
thoroughly investigated
to
determine
whether the harassment complained of
occurred.
Within reasonable time, the
Human Resources Director will produce a
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 18-3
CHAPTER 18
SEXUAL AND OTHER UNLAWFUL HARASSMENT
written report and provide a copy of the
report to the complainant, upon request.
The Human Resources Director will also
recommend remedial measures based upon
the results of the investigation, and the City
Manager or City Council, as appropriate, will
promptly consider and act upon the
recommendation. To the extent practicable
and allowed by the Texas Public Information
Act, the city will keep complaints and the
terms of their resolution confidential.
7. An employee will not be subject to retaliation
or discipline for reporting or pursuing a
sexual or any other form of harassment
complaint.
VI.
RESPONSIBILITY OF EMPLOYEES
An employee or applicant for employment who
has been harassed or knows of or suspects
harassment in the workplace, sexual or
otherwise, has the responsibility to report the
conduct to a supervisor, a department director,
the Human Resources Director, or the City
Manager.
VII.
DUTIES AND RESPONSIBILITIES OF
SUPERVISORS
1. Supervisors must treat all complaints
seriously and confidentially. Each case will
be promptly and thoroughly investigated to
determine
whether
the
harassment
complained of occurred.
2. All reports or suspicions of harassment,
sexual or otherwise, which come to a
supervisor’s attention must be referred
immediately to the Human Resources
Director for investigation.
VIII.
DISCIPLINE
An employee found to have violated this policy
will be subject to disciplinary action, including
written
reprimand,
transfer,
demotion,
suspension, or termination. By enforcing this
policy, the city will preserve the right of every
employee and applicant for employment to enjoy
a workplace free of harassment of any type.
City of North Richland Hills Personnel Policies & Procedures Manual
Issued: January 2010
Page 22-1
CHAPTER 22
VIOLENCE IN THE WORKPLACE POLICY
I.
GENERAL
The safety and security of the City of North
Richland Hills’ employees, customers, vendors,
contractors and the general public are of vital
importance.
Acts of violence made by an
employee against another person’s life, health,
well-being, family, or property will not be
tolerated. Employees found guilty of violence
will be subject to discipline up to and including
termination.
II.
PROHIBITED ACTS
The City considers the following conduct to
represent the types of acts which violate this
policy. This list is not intended to be exhaustive
and the City reserves the right to consider
actions not on the list as violations of this policy:
1. Any act or threat of violence made by an
employee against another person’s life,
health, well-being, family, or property.
2. Any act or threat of violence including, but
not limited to, intimidation, harassment, or
coercion.
3. Any act or threat of violence which
endangers the safety of employees,
customers, vendors, contractors or the
general public.
4. Any act or threat of violence made directly or
indirectly by words, gestures or symbols.
5. Inflicting physical harm.
6. Any unauthorized use or possession
(licensed or not) of a weapon on the City’s
premises.
III.
REPORTING REQUIREMENTS
It is required that employees report any behavior
that compromises the City’s ability to maintain a
safe work environment. All reports will be made
in accordance with the department’s chain of
command, or to the Human Resources
Department. All reports will be investigated
immediately and kept confidential. The City
believes that employees will play a crucial role in
the administration of this workplace violence
policy.