Agenda Packet TC 03/20/2006 1
Town of Trophy Club
Town Council Public Hearing and Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, March 20, 2006
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
B.1 Public Hearing:
Consider:
A zone change request for an approximate 1.751 acre tract of land located generally to the east of
the Municipal Utility District Wastewater Treatment Plant Facility and south of the
Town's northeastern city limit, and being part of the Mary Medlin Survey, A-832 from its
current zoning of R-12 - Single Family Residential to CR Commercial Recreation.
Applicant: Beck Properties. (ZCA.06.008)
B.2 Discuss and take appropriate action relative to a zone change request for an approximate
1.751 acre tract of land located generally to the east of the Municipal Utility District
Wastewater Treatment Plant Facility and south of the Town's northeastern city limit, and
being part of the Mary Medlin Survey, A-832 from its current zoning of R-12 - Single
Family Residential to CR Commercial Recreation. Applicant: Beck Properties.
(ZCA.06.008)
A. Agenda Item B.1
C.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
* Election Update
Community Development:
* Update
Finance:
* Budget Workshops
Information System:
* Software and Systems Update
Parks and Recreation
* Facilities and Programs
Planning & Zoning
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* Zoning Submissions
Police and Fire Services
* Police Services Bureau
* Fire Services Bureau
C.2 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
C.3 Discuss and take appropriate action regarding revisions to the Town's Personnel Manual.
C.4 Receive an update, have discussion and provide input regarding process to fill the
position for the Director of Police and Fire Services Division - Department of Public
Safety.
C.5 Discuss and take appropriate action to approve Minutes dated February 20, 2006.
C.6 Discuss and take appropriate action to approve Minutes dated March 6, 2006.
C.7 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on
potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall
Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discuss and take appropriate action regarding amendments to the restrictions on the
outdoor storage ordinance. (April 20th, 2006)
Discussion and appropriate action for the Purchasing Policies (April 3, 2006)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Unitization Agreement with Encana for lease of mineral interest under Harmony Park
(April 3, 2006)
Interlocal funding agreement between Town and MUDs for the building addition and
maintenance building utilized by Parks and Recreation and the Water Department (April
3, 2006)
Discussion and appropriate action regarding approval of a Development Agreement for
Eagles Ridge Phase II.
C.8 Informational Only - Additional Information for Council as provided by the Department
of Police and Fire Services.
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C.9 Consent Agenda: Discuss and take appropriate action on the approval of a use policy for
the Public Services Conference Room.
C.10 Consent agenda: Discuss and take appropriate action to approve financials dated
February 2006.
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties,
discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1)
of the Texas Open Meetings Act :
(1) Discussion regarding interviews for Town Manager candidates.
E.2 Discuss and take appropriate action relative to appointment of Town Manager.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.B.1
Public Hearing:
Consider:
A zone change request for an approximate 1.751 acre tract of land located generally
to the east of the Municipal Utility District Wastewater Treatment Plant Facility
and south of the Town's northeastern city limit, and being part of the Mary Medlin
Survey, A-832 from its current zoning of R-12 - Single Family Residential to CR
Commercial Recreation. Applicant: Beck Properties. (ZCA.06.008)
Purpose: To conduct a public hearing relative to a request for zone change of an approximate
1.751 acre tract of land located generally to the east of the Municipal Utility District Wastewater
Treatment Plant Facility and south of the Town's northeastern city limit, and being part of the
Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR
Commercial Recreation.
Existing Condition of the Property: The property is currently zoned R-12 Single Family
Residential and abuts the Treatment Plan on the plant’s eastern boundary. The land surrounding
the property is heavily wooded with trees.
Staff Findings: The Country Club’s maintenance facility is currently located within the Waters
Edge zoning district. In anticipation of future build-out, the facility is being relocated just east of
the Wastewater Treatment Plant.
Planning & Zoning Commission Action: The Planning & Zoning Commission conducted a
public hearing on March 2, 2006. Commissioner Stamos made a motion to recommend
approval, Commissioner Reed seconded. The motion passed unanimously.
(kcf)
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 – __ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS A 1.751 ACRE TRACT OF LAND, LOCATED
GENERALLY TO THE EAST OF THE MUNICPAL UTILITY DISTRICT
WASTEWATER TREATMENT PLANT FACILITY AND SOUTH OF
THE TOWN’S NORTHEASTERN CITY LIMIT, AND BEING PART OF
THE MARY MEDLIN SURVEY, A-832 WITHIN THE TOWN AND
MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A” ENTITLED
“FIELD NOTES” AND EXHIBIT “B” ENTITLED “EAST
MAINTENANCE FACILITY” A COPY OF WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN, FROM ITS ZONING
DESIGNATION OF R-12 SINGLE FAMILY RESIDENTIAL TO CR –
COMMERCIAL RECREATION; PROVIDING THAT SUCH TRACT OF
LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE
AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT THE CR
ZONING FOR SUCH 1.751 ACRE TRACT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SAVINGS; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is
authorized and empowered by law, in accordance with Chapter 212 of the Texas Local
Government Code, to regulate the subdivision of land and property development within the
Town;
WHEREAS, the owner of the tract of land (the “Land”), described as a 1. 751 acre tract
of land currently zoned R-12 Single Family Residential, said tract being more specifically
described in Exhibit “A” attached hereto and incorporated herein, filed an application with the
Town Planning and Zoning Commission requesting a change in zoning of the Land into “CR”,
Commercial Recreation and an amendment to the official Zoning District Map of the Town in
accordance with Ordinance No. 2000-06 P&Z of the Town (the “Comprehensive Zoning
Ordinance”); and
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WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came before the Planning and Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning and Zoning Commission
of the Town has recommended to the Town Council the adoption of the amendments to
Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council at which the Town Council considered, among
other things, the character of the land and its suitability for particular uses, with a view of
encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning
approved hereby accomplishes such objectives;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning
and Zoning Commission and the information and other materials received at the public
hearing, the Town Council has concluded that the adoption of this Ordinance is in the best
interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare.
SECTION 3.
REZONING
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars,
and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified and affirmed:
A. The zoning on the Land, being a 1.751 acre tract of land described in Exhibit “A”
attached hereto and incorporated herein, heretofore zoned R-12 Single Family
Residential, is hereby changed to “CR” Commercial Recreation, in accordance
with the requirements of all applicable parts of the Comprehensive Zoning
Ordinance, and all other applicable ordinances, rules and regulations of the Town.
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SECTION 4.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on
the official Zoning District Map of the Town the zoning change herein made.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting regulations
governing and regulating the zoning, platting, and subdivision of land which have secured
at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 9.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an
amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 10.
PUBLICATION
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The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 12.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 20th day of March, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.B.2
Discuss and take appropriate action relative to a zone change request for an
approximate 1.751 acre tract of land located generally to the east of the Municipal
Utility District Wastewater Treatment Plant Facility and south of the Town's
northeastern city limit, and being part of the Mary Medlin Survey, A-832 from its
current zoning of R-12 - Single Family Residential to CR Commercial Recreation.
Applicant: Beck Properties. (ZCA.06.008)
A. Agenda Item B.1
(kcf)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.1
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
* Election Update
Community Development:
* Update
Finance:
* Budget Workshops
Information System:
* Software and Systems Update
Parks and Recreation
* Facilities and Programs
Planning & Zoning
* Zoning Submissions
Police and Fire Services
* Police Services Bureau
* Fire Services Bureau
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.2
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding revisions to the Town's Personnel
Manual.
EXPLANATION:
The policies have been updated to reflect changes and compliance with Personnel Law.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Revised Personnel Policies
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MUNICIPALITY OF TROPHY CLUB
PERSONNEL MANUAL
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
The policies and procedures set forth in this Personnel Manual are general guidelines
only and none of its provisions are binding or contractual in nature. It is understood that
employment with the Trophy Club Municipality (Town) is “at-will,” meaning that my
employment may be terminated at any time, with or without notice, for any reason or no
reason, by either the Town or the employee.
This handbook does not guarantee employment for any specific period of time. Either
the Town or the employee may end this relationship at any time, with or without cause,
notice or reason. No director, supervisor, or representative other than the Town
Manager has the authority to enter into any agreement guaranteeing your employment
for any specific period of time or to make any written or oral promises, agreements, or
commitments contrary to this policy. Further, any employment agreement entered into
by the Town Manager or the MUD District Manager will not be enforceable unless it is in
writing and approved by the Town Council.
This Personnel Manual replaces and supersedes all other Town personnel practices,
policies, and guidelines.
I acknowledge receiving the Employee Personnel Rules and Regulations Handbook. I
clearly understand that this Personnel Manual does not create a contract for
employment with the Town, and that the Town may change or modify the policies and
procedures found in this handbook at any time. I also understand, any violations of the
policies set forth in this handbook are subject to disciplinary action up to and including
termination.
Received By: __________________________________________ _________
Employee Signature Date
Return this page to Human Resources by: _________________________
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice, except
as provide by federal or state laws.
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Table of Contents
101.00 PERSONNEL ADMINISTRATION AUTHORITY
101.01 POLICY/PURPOSE
101.02 THE TOWN
101.03 ADMINISTRATION
101.04 MANAGEMENT AUTHORITY
101.05 PERSONNEL MANUAL
102.00 CATEGORIES AND CLASSIFICATIONS OF TOWN EMPLOYEES
102.01 PURPOSE/POLICY
102.02 CATEGORIES AND CLASSIFICATIONS OF EMPLOYEES
102.03 TEMPORARY CONTRACT WORKERS
103.00 HIRING AND SELECTION
103.01 POLICY/PURPOSE
103.02 APPLICATION PROCESS
103.03 POSTING
103.04 SELECTION
103.05 RE-EMPLOYMENT
103.06 TRIAL PERIOD
104.00 CHANGES IN EMPLOYEE STATUS
104.01 POLICY/PURPOSE
104.02 GENERAL PROVISIONS
104.03 PROMOTIONS AND DEMOTIONS
104.04 REASSIGNMENT
104.05 POSITION RECLASSIFICATION
104.06 NEW STATUS REVIEW PERIOD
104.07 HIRING PART-TIME EMPLOYEES FOR FULL-TIME POSITIONS
105.00 TERMINATION OF EMPLOYEE STATUS
105.01 POLICY/PURPOSE
105.02 RESIGNATION/RETIREMENT
105.03 REDUCTION IN FORCE
105.04 DISMISSAL
105.05 INSURANCE AFTER TERMINATION
105.06 EXIT PROCESSING
106.00 WORK HOURS
106.01 POLICY/PURPOSE
106.02 GENERAL PROVISIONS
106.03 INCLEMENT WEATHER
106.04 ON-CALL STATUS
106.05 ALTERNATE WORK SCHEDULES
107.00 PERFORMANCE PLANNING AND REVIEW
107.01 POLICY/PURPOSE
107.02 GENERAL PROVISIONS
107.03 REVIEW PROCESS
107.04 PERFORMANCE IMPROVEMENT PLAN (PIP)
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108.00 TRAINING AND TRAVEL
108.01 POLICY/PURPOSE
108.02 TRAINING PROCEDURES
108.03 TRAVEL AND LOCAL MEETING EXPENSES
108.04 RECRUITING/RELOCATION EXPENSES
109.00 SAFETY AND ACCIDENT REPORTING
109.01 POLICY/PURPOSE
109.02 GENERAL PROVISIONS
109.03 DEPARTMENT PROVISIONS
109.04 PERSONAL PROTECTIVE EQUIPMENT
109.05 OPERATION OF VEHICLES
109.06 ACCIDENT INVOLVEMENT
109.07 SAFETY INSPECTIONS AND ANALYSIS
110.00 PERSONNEL RECORDS
110.01 POLICY/PURPOSE
110.02 FILE CONTENTS/SECURITY/RETENTION
110.03 FILE ACCESS/RELEASE OF INFORMATION
111.00 DISCIPLINE
111.01 POLICY/PURPOSE
111.02 GENERAL PROVISIONS
111.03 DISCIPLINARY OPTIONS
111.04 DISCIPLINE PROCEDURES
Appendix A
PERFORMANCE DISCUSSION WORKSHEET (Format 1)
RESPONSE FORM (Format 2)
RESPONSE WAIVER FORM (Format 2A)
WRITTEN REPRIMAND (Format 3)
SUSPENSION REPRIMAND (Format 3)
DEMOTION REPRIMAND (Format 3)
DISCIPLINARY APPEAL FORM (Format 3A)
APPEAL WAIVER FORM (Format 3B)
DISMISSAL OF AT-WILL EMPLOYEE (Format 4)
112.00 EMPLOYEE ASSISTANCE PROGRAM
112.01 POLICY/PURPOSE
112.02 REFERRAL TYPES
112.03 COUNSELING/FURTHER REFERRAL TO COMMUNITY RESOURCES
112.04 RECORDS OF EAP REFERRALS/USE
113.00 EMPLOYEE COMPLAINT AND GRIEVANCE PROCEDURE
113.01 POLICY/PURPOSE
113.02 VERBAL COMPLAINTS
113.03 GENERAL PROVISIONS
113.04 COMPLAINT AND GRIEVANCE STEPS
EMPLOYEE COMPLAINT/GRIEVANCE FORM
114.00 DISCRIMINATION AND HARASSMENT
114.01 POLICY/PURPOSE
114.02 GENERAL PROVISIONS
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114.03 PROHIBITED CONDUCT
114.04 REPORTING
114.05 COMPLAINT PROCEDURE
115.00 DRUG AND ALCOHOL TESTS
115.01 POLICY/PURPOSE
115.02 GENERAL PROVISIONS
115.03 APPLICATION OF POLICY
115.04 PRE-EMPLOYMENT SCREENING
115.05 REASONABLE SUSPICION TESTING OF CURRENT EMPLOYEE
115.06 POST ACCIDENT TESTING
115.07 RANDOM TESTING
115.08 PERIODIC/OTHER TESTING
115.09 CONDUCTING DRUG AND ALCOHOL TESTS
115.10 TEST RESULTS
115.11 SELF-DECLARATION AS A SUBSTANCE ABUSER
115.12 DRUG OR ALCOHOL CONVICTIONS
115.13 EMPLOYEE ASSISTANCE
115.14 FOLLOW-UP TESTING OF KNOWN SUBSTANCE ABUSER
115.15 DISCLOSURE OF PRESCRIPTION OR OVER-THE-COUNTER DRUG USE TO
SUPERVISOR
115.16 EMPLOYEES ON DESIGNATED STAND-BY STATUS OR SUBJECT TO CALL
BACK
115.17 OFF-DUTY CONDUCT
115.18 TOWN SOCIAL FUNCTIONS
115.19 SEARCHES
116.00 COMMUNICATION AND NEWS MEDIA RELATIONS
116.01 POLICY/PURPOSE
116.02 GENERAL PROVISIONS
116.03 PUBLIC INFORMATION
116.04 ADMINISTRATIVE NOTIFICATIONS
116.05 EMERGENCY/DISASTER RESPONSE
201.00 PERFORMANCE AND CONDUCT STANDARDS
201.01 POLICY/PURPOSE
201.02 GENERAL PROVISIONS
201.03 ATTENTION/DERELICTION
201.04 COMPETENCE, JUDGMENT, AND SUPERVISION
201.05 HEALTH FITNESS
201.06 OBEYING ORDERS
201.07 REPORTING FOR DUTY
201.08 RESPONDING
201.09 TRUTHFULNESS
201.10 CONFIDENTIALITY
201.11 FRAUD
201.12 PROFESSIONAL CONDUCT
201.13 LABOR ACTIVITIES
201.14 OTHER STANDARDS
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201.15 VIOLATION
202.00 OTHER EMPLOYMENT
202.01 PURPOSE/POLICY
202.02 OUTSIDE EMPLOYMENT
203.00 ETHICAL CONDUCT
203.01 POLICY/PURPOSE
203.02 GENERAL PROVISIONS
203.03 CONFLICTS OF INTEREST
203.04 USE OF POSITION OR INFORMATION
203.05 GIFTS AND GRATUITIES
203.06 HONORARIA AND EXPERT TESTIMONY
203.07 POLITICAL ACTIVITY
204.00 RELATIONSHIPS
204.01 POLICY/PURPOSE
204.02 NEPOTISM
204.03 SUPERVISOR/SUBORDINATE DATING
205.00 USE OF TOWN PROPERTY AND EQUIPMENT
205.01 PURPOSE/POLICY
205.02 GENERAL PROVISIONS
205.03 LIABILITY FOR LOSS/DAMAGE TO TOWN PROPERTY OR ISSUED
EQUIPMENT
205.04 VEHICLE USE/OPERATIONS
205.05 ELECTRONIC COMMUNICATIONS SYSTEMS
205.06 USE OF RADIO CELLULAR PHONES
205.07 EMPLOYEE IDENTIFICATION/ACCESS CARD PROGRAM PROCEDURES
206.00 SUBSTANCE USE/ABUSE
206.01 POLICY/PURPOSE
206.02 SMOKING AND OTHER TOBACCO PRODUCTS
206.03 ALCOHOL
206.04 DRUGS
206.05 ALCOHOL/DRUG TESTS AND DEPENDENCY DIAGNOSIS
207.00 SOLICITATION/SALES ON TOWN OF TROPHY CLUB PROPERTY
207.01 PURPOSE/POLICY
207.02 SALES OR OFFERS OF SALE ON TOWN PROPERTY
208.00 WORKPLACE VIOLENCE
208.01 PURPOSE/POLICY
208.02 GENERAL PROVISIONS
208.03 REPORTING PROCEDURES
209.00 EMERGENCY MANAGEMENT
209.01 PURPOSE/POLICY
209.02 GENERAL PROVISIONS
210.00 PURCHASING POLICY
210.01 PURPOSE/POLICY
211.00 DRESS CODE
211.01 PURPOSE/POLICY
211.02 GENERAL PROVISIONS
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211.03 DEPARTMENTAL PROCEDURES
211.04 APPLICATION
211.05 GUIDELINES FOR ACCEPTABLE ATTIRE
211.06 GUIDELINES FOR UNACCEPTABLE ATTIRE
301.00 COMPENSATION
301.01 POLICY/PURPOSE
301.02 PAY SYSTEM
301.03 OVERTIME PAY LIABILITY
301.04 OTHER PAY CATEGORIES
302.00 PAID LEAVE
302.01 PURPOSE/POLICY
302.02 GENERAL PROVISIONS
302.03 HOLIDAYS
302.04 VACATION
302.05 SICK LEAVE
302.06 BEREAVEMENT LEAVE
302.07 JURY DUTY/COURT APPEARANCE
302.08 ADMINISTRATIVE LEAVE WITH PAY
303.00 UNPAID LEAVE
303.01 POLICY/PURPOSE
303.02 GENERAL PROVISIONS
303.03 AUTHORIZED LEAVE WITHOUT PAY
303.04 LEAVE OF ABSENCE
303.05 INJURY LEAVE WITHOUT PAY
304.00 FAMILY AND MEDICAL LEAVE
304.01 POLICY/PURPOSE
304.02 ELIGIBILITY
304.03 FML PROCEDURES
305.00 HEALTH FITNESS IMPAIRMENT
305.01 POLICY/PURPOSE
305.02 GENERAL PROVISIONS
305.03 HEALTH FITNESS IMPAIRMENT OPTIONS
305.04 RETURN TO WORK
305.05 DISABILITY
305.06 REASSIGNMENT, RE-HIRE, AND TERMINATION
305.07 MAXIMUM LEAVE POLICY
APPENDIX HEALTH FITNESS IMPAIRMENT
Illness & off - job Injury
On – the – job Injury
306.00 WORKERS’ COMPENSATION
306.01 POLICY/PURPOSE
306.02 STATUTORY PROVISIONS
306.03 SALARY CONTINUATION PROGRAM
306.04 BENEFITS/STATUS WITHOUT SALARY CONTINUATION
307.00 BENEFITS
307.01 POLICY/PURPOSE
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307.02 GENERAL PROVISIONS
307.03 BENEFIT PLANS
308.00 MILITARY PERSONNEL
308.01 POLICY/PURPOSE
308.02 GENERAL PROVISIONS
308.03 LEAVE
308.04 RETURN TO WORK
308.05 BENEFITS STATUS DURING LEAVE
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101.00 PERSONNEL ADMINISTRATION AUTHORITY
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
101.01 POLICY/PURPOSE
A. This Personnel Manual provides statements of policy and establishes required procedures
relating to personnel administration that are necessary to effectively and efficiently manage
Town operations. It is issued under the authority of the Town Manager. Nothing herein
shall be construed by anyone as a contract of employment. These Policies are guideline,
which the Town Council may change, alter, suspend, and/or interpret at any time, with or
without advance notice. Any questions concerning the interpretation or applicability of the
following policies should be referred to Human Resources.
B. With the exception of matters reserved by state law or the Home Rule Charter to the
Town Council, the general and final authority for personnel administration rests
with the Town Manager.
101.02 THE TOWN
A. The Town of Trophy Club policy administration demands discharge of duties above the
minimum standards of criminal and civil responsibility. The provisions of this Manual
create high standards of conduct so that training and performance can be aimed at the
highest levels and may, in appropriate cases, serve as the basis for internal discipline even
though they are not intended for civil or criminal proceedings
B. Town” as used herein is a designation utilized to indicate the Town of Trophy Club,
Texas acting in its capacity of Employer pursuant to an Interlocal Cooperation
Agreement between the Town of Trophy Club and the Trophy Club Master District;
hereinafter “Agreement”. Pursuant to that Agreement, the Town provides employee
services to the Trophy Club Master District with the Master District controlling
operational aspects of those services and the Town’s Personnel policies controlling
policies contained herein applicable to all employees.
C. .The Town of Trophy Club is a home rule municipality with a “Council-
Manager Government.” The Town Council consists of a Mayor and
five members of the Town Council elected at large for two-year terms.
Under the council-manager form of government, all powers of the
Town are vested in the elected council which enacts legislation, adopts
budgets, determines policies and appoints the Town Manager who is
charged with executing the laws and administering the government of
the Town.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice, except
as provide by federal or state laws.
27
D. The Trophy Club Municipal Utility Districts Number 1 and Number 2 are political bodies
with taxing ability, under the direction of a Board of Directors elected by the residents
within each of the districts. The purpose is to provide and maintain water service,
wastewater treatment and fire protection. The Municipal Utility Districts exist separately
from the Town of Trophy Club and fall under regulatory control of the Texas Commission
of Environmental Control. The District Manager is responsible for all aspects of daily
operation of the Municipal Utility Districts and reports directly to the Board of Directors.
The District Manager is either contractually or as a term of employment, whichever
applies, required to comply with the personnel policies and procedures of the Town in
fulfilling his obligations for the management and oversight of Master District operations.
The Master District retains the authority to adopt standard operating procedures (“SOPs”)
regulating and governing the operational control of Master District assets and facilities;
however, the scope of such standard operating procedures shall relate only to technical
matters governing Master District operations and shall not conflict with the Town
personnel policies and procedures as provided in the Agreement. All employees who are
employed by the Town of Trophy Club and providing services to the out to the Municipal
Utility Districts are required to follow the Master District’s SOPs governing the operational
aspects of Master District assets and facilities.
101.03 ADMINISTRATION
A. Town Manager. The Town Manager is designated as the chief operations officer
and the head of the administrative branch of the Town government, responsible to
the Town Council for the operations and administration of all the affairs of the Town,
including the hiring, and when necessary for the welfare of the Town, removal of any
employee, in conformity with the provisions of the Town’s personnel policies, charter,
and other applicable law. References to the Town Manager in this handbook will
involve the Municipal Utility District Manager when appropriate and to the extent
provided under the Agreement and/or any amendments to the Agreement approved
in writing by all parties. .
B. Assistant to the Town Manager. The Assistant to the Town Manager is
appointed by the Town Manager and assists the Town Manager in administering
the affairs of the Town by performing assigned functions and providing general
oversight to the directors and supervisors of departments as designated on the
Town’s organizational chart
C. Municipal District Manager. The Municipal Utility District Manager is designated
as the chief operations officer of the Municipal Utility District 1 and Municipal Utility
District 2 government. The scope of the term “operations” shall be as defined in the
Agreement and/or any amendments to the Agreement approved in writing by all
parties.
D. Town Attorney. The Town Attorney of the Town of Trophy Club or designee.
28
E. Human Resources. Human Resources is responsible for administering the
regulations of this policy in cooperation with the department directors and managers.
101.04 MANAGEMENT AUTHORITY
Town Management possesses the sole authority to administer Town operations and
administrative matters handled by Town employees consistent with the Agreement.
Management authority includes, but is not limited to, the following activities:
A. Discipline, discharge, or release employees pursuant to the procedures described
in this Manual;
B. Direct the work forces;
C. Hire, assign, or transfer employees;
D. Determine the mission of Town departments;
E. Determine the methods, means, and allocation/assignment of personnel
needed to carry out the Town's mission;
F. Introduce new or improved methods or facilities, or change such;
G. Determine reasonable work schedules and establish the methods and
processes by which such work is performed;
H. Require the performance of duties stated and intended in job descriptions,
with the understanding that every duty is not always specifically described;
I. Determine position availability by:
1. Authorizing lateral reassignments;
2. Classifying police and/or fire positions as civilian or uniformed, as needed;
3. Freezing, hiring, and promoting;
4. Authorizing delay in filling positions due to budget, facilities, or other business
necessity directly related to the delay; or
5. Authorizing temporary assignment into a vacancy; and
J. Delete positions, reclassify positions, and/or reassign employees to different
positions with different classifications and/or pay as required by business
necessity.
29
101.05 PERSONNEL MANUAL
A. Scope. The provisions of this Manual apply to all employees of the Town of Trophy
Club both on and off duty, unless otherwise indicated, restricted by proper
authority, or limited by law.
B. Not a Contract. This Manual does not constitute a contract of employment or
benefits. Nothing in this Manual should be construed as a guarantee of continued
benefits from, or employment by, the Town of Trophy Club. All employees are
subject to discharge for any lawful reason or for no reason .
C. Changes. The Town reserves the authority to modify, revoke, suspend, interpret,
terminate, or change any or all of the provisions of this Manual. Except in case of
emergency, employees will be given 5 days written notice of any change.
D. Titles. Titles used shall not govern, limit, modify, or affect the scope of meaning or
intent of any provision.
E. Validity. Any statement in a directive found to be illegal, incorrect, or inapplicable
shall not affect the validity of the remaining contents.
F. Department Rules/Standard Operating Procedures. Individual departments, with
approval of the Town Manager and the review and consent of the Human
Resources Department and Town Attorney’s Office may develop additional
personnel administration rules and procedures that are required for the
department’s operations. Any department rule or procedure that, because of
operational necessity, is inconsistent with the provisions of this Manual must be
approved in writing by the Human Resources Department, Town Attorney’s Office,
and Town Manager’s Office.
101.00 APPENDIX A
DEFINITIONS
at-will employees - probationary, part-time, seasonal, or temporary employees, council
appointees, Town Managers, Department Heads, Town Attorneys, the heads of
organizational units, and persons in other specific positions in this Chapter, those
others designated at the time of hiring/promotion by the Town Manager as "at will"
and/or all other employees not serving the Town pursuant to a written employment
agreement have no property interest in the positions they hold and therefore may be
dismissed, transferred, or demoted without cause.
days - when not specified as working days or calendar days, are regular Town business
days (8 hours or other assigned shift).
30
department - a major segment of the Town organization headed by a person who
reports directly to the Town Manager or her designee pursuant to the home rule Charter
and policies of the Town. Departments are listed in Appendix B to this Chapter.
department head - the chief executive officer of a department, whether identified as
Director, Chief, or any other job title.
firefighters - those employees designated as fire protection personnel as defined in
Texas Government Code Sec. 419.021.
health fitness impairment - a temporary or permanent mental or physical impairment
including, but not limited to injury (on or off the job), pregnancy, illness, or other job-
restricting impairment, which diminishes or precludes one’s capacity for, or renders one
unfit for performance of the essential job functions of the position.
injury in the course and scope of employment - as defined in Texas Labor Code Sec.
401.11.
month - 30 calendar days.
new status review – the six-month period to review performance and conduct following
a promotion, transfer, reclassification or demotion.
on-the-job injury - see injury in the course and scope of employment.
organizational unit – administrative designation of department segment created for
business or operational purposes.
paid status – any period of active employment in which employee is working regular
hours, not to include any Leave of Absences.
police officers - those employees certified as Peace Officers by the Texas Commission
on Law Enforcement Officer Standards and Education and commissioned as Police
Officers by the Town of Trophy Club, regardless of their rank, classification, or job title.
reserve police officer - a person certified as a reserve peace officer by the Texas
Commission on Law Enforcement Officer Standards and Education and commissioned
as a reserve police officer by the Town of Trophy Club, who performs duties as
assigned by the Police Department in a volunteer status.
trial employee - an employee in the performance probation period of initial employment
or re-hire as specified in the Hiring and Selection Chapter.
101.00 APPENDIX B
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DEPARTMENTS
Administrative Services
Town Attorney’s Office
Town Manager’s Office
Assistant Town Manager’s Office
Community Development
Finance
Fire/EMS
Human Resources
Information Systems / Records
Parks and Recreation
Planning & Zoning
Police
Public Works/ Municipal Utilities
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101.00 APPENDIX C
ORGANIZATIONAL UNITS
I. Departments composed of only one organizational unit:
Administrative Services Human Resources
Town Manager’s Office Planning & Zoning
Town Attorney’s Office
II. Departments composed of more than one organizational unit:
Community Development
Permits
Streets
Finance
Administration/Accounting/Purchasing
Budget/Risk Management
Municipal Court
Payroll/Payables Operations
Treasury Operations
Fire/EMS
Operations Shift A
Operations Shift B
Operations Shift C
Information Support
Administration
Business Services
Customer Support
CRM Processing
Information Services
Infrastructure Services
Parks and Recreation
Administration/Planning
Aquatics
Park Operations
Park Programs
Landscaping
Community Events
Police
Administration
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Animal Services
Code Enforcement
Community Services
Investigations
Public Works/ Municipal Utility District
Administration
Business Services
Collections
Operations
Water Treatment
Wastewater Treatment
34
102.00 CATEGORIES AND CLASSIFICATIONS OF TOWN EMPLOYEES
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
102.01 PURPOSE/POLICY
Proper employee classification is necessary to administer salaries, determine eligibility
under the Town’s employee benefit plans, and comply with employment and tax laws.
The Town offers part-time, full-time, seasonal, and temporary employment opportunities
to meet the organization’s staffing requirements. The Town also uses agency
temporaries and contract workers as described in this Chapter to respond flexibly to
changing workload requirements. All employees, whether full-time, part-time, seasonal,
or temporary, are classified as exempt or nonexempt, according to federal regulations,
for overtime and minimum wage requirements.
102.02 CATEGORIES AND CLASSIFICATIONS OF EMPLOYEES
A. Employment status, continued employment, benefits, and termination procedures
vary among the following categories of employees:
1. Regular full-time: any employee with a regularly scheduled workweek of 40
hours in one position (or working an approved alternative schedule that is
considered equivalent to 40 hours per week) who has completed his or
her trial period.
2. Shift Personnel: Patrol and Fire Services assigned to an 8-hour shift in the
Police Department or assigned to a 24-hour shift in the Fire Department
unless otherwise mentioned.
3. Trial: an employee during the performance probation period of initial
employment or re-hire as specified in the Hiring and Selection Chapter.
4. Regular part-time: any employee in a position with a regularly scheduled
workweek of 30 hours or less. The number of hours regularly scheduled
per week is a distinguishing feature of such positions.
5. Seasonal: an employee in a position for a specified length of time to perform
work assignments of a recurring nature.
6. Temporary: an employee in a position for a specified length of time to perform
work assignments of a limited nature. Such employees have definite
starting and ending dates of employment. Length of employment rather
than number
35
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
of hours worked is a distinguishing feature of such positions. Temporary employees
may be either full-time or part-time. Temporary assignments cannot extend beyond
12 months except with the approval of the Human Resources Manager.
B. Compensation may vary between the following classifications of employees in
compliance with the federal Fair Labor Standards Act:
1. Exempt employee: an employee who performs executive, administrative,
professional or certain computer functions and is paid on a salary basis
regardless of the number of hours worked in a pay period.
2. Non-exempt employee: any employee who is not classified as exempt and is
paid on an hourly basis for the number of hours worked.
102.03 TEMPORARY CONTRACT WORKERS
A. Personnel from temporary agencies can be hired part-time or full-time by the
Town to work for the duration of specific projects or assignments. Temporary
contract assignments cannot extend beyond 12 months, except with the approval
of the Human Resources Manager. Temporary contract personnel can be
exempt or non-exempt.
1. The temporary agency is responsible for hiring, training, assigning,
disciplining, and firing its contract personnel. Agency temporaries take
direction from, and are monitored by, their assigned Town supervisor, but the
agency supervisor is primarily responsible for monitoring the performance of
the temporary contract personnel and taking any necessary disciplinary or
corrective action.
2. Temporary contract personnel receive their benefits through their employment
agency and so are not eligible to participate in the Town’s’ health, pension,
leave, or other benefit plans.
B. Supervisors or managers in need of temporary contract personnel must follow
the requisition procedure specified below:
1. Requests for temporary contract personnel must be placed through Human
Resources Department.
2. For general clerical and administrative contract personnel, requests must be
made by 10:00 a.m. of the business day before the date the personnel are
required. Requests for temporary contract personnel with special skills must
be made as far in advance as possible.
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3. The Human Resources Department requests contract temporary employees
from approved temporary help agencies. Approved agencies are those that
have provided the Town with certification that they are properly licensed by
the state and will meet their payroll tax and other legal obligations with
respect to the temporary workers, and are subject to a contract with the Town
obtained pursuant to the bid process.
37
103.00 HIRING AND SELECTION
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
103.01 POLICY/PURPOSE
Trophy Club Entities is committed to hiring qualified employees, regardless of race,
color, religion, sex, national origin, age, physical or mental disability, and/or sexual
orientation or reprisal for participation in prior EEO activity. Selection for employment
with the Town is based on job-related qualifications and is contingent on satisfactory
results on exams or tests, as required by law, and/or specific qualifications to perform
job duties.
103.02 APPLICATION PROCESS
A. Forms and Submission.
1. Applicants seeking full-time, part-time, or temporary employment or re-
employment with the Town must submit an Employment Application to the
Human Resources Department. Applicants seeking full-time, part-time, or
reserve employment or re-employment with the Town’s Police and Fire
Services must submit a Notice of Interest to the Human Resources
Department.
2. Current Town employees applying for promotional positions in the same
department or positions in other departments must make application by
submitting an Internal Job Application form to the Human Resources
Department. The form includes authorization for hiring authorities in the
department to review the employee's permanent personnel record.
B. Falsified/Omitted Material Fact(s). Omission or falsification of any material fact
on an application disqualifies an applicant for consideration for employment,
transfer or promotion for at least 6 months from the date of the application. The
Town may further extend the ineligibility period in the case of a non-employee
applicant and/or take disciplinary action up to, and including, termination against
an employee applicant for the omission or falsification.
103.03 POSTING
A. Job Posting. Job vacancies will be posted on the Town’s website and distributed
via the town-wide e-mail system. The jobs may also be posted on departmental
bulletin boards. Each vacancy will normally remain open for a minimum of three
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
38
(3) days and the job posting will include the job title, department, job summary,
essential duties, closing date and minimum qualifications. In general, notices of
all job openings are posted, although the Town reserves its discretionary right not
to post a particular opening.
B. Applying for Job. To apply for a posted position, an applicant shall submit a
completed Job Application to the Human Resource Department listing job-related
skills and accomplishments. Applications will only be accepted for positions that
are posted.
C. Internal Applicants. All employees, including part-time and seasonal, may apply
for internal job postings by completing an Internal Application Form. These
employees will be subject to the same tests as external applicants. An
applicant’s current supervisor may be contacted to verify performance, skills and
attendance, and the personnel file may also be reviewed. Staffing limitations or
other circumstances that might affect a prospective transfer may also be
discussed. Employees who have a written warning on file within the last year or
are on disciplinary probation or suspension are not eligible to apply for posted
jobs.
103.04 SELECTION
A. Equal Employment Opportunity. Discrimination in recruitment, examination,
appointment, training, promotion, retention, discipline, or any other aspect of
personnel administration based on an employee's or applicant's race, color,
religion, sex, national origin, age, physical or mental disability, and/or sexual
orientation or reprisal for participation in prior EEO activity, is prohibited.
B. Job-Related Criteria. Selection for employment with the Town is based on job-
related criteria that may include, but are not limited to:
1. Possession of the necessary knowledge, skills, abilities, training, education
and experience required for the position;
2. Satisfactory results on performance tests, physical examinations, polygraph
examinations, psychological examinations, credit verification, or drug and alcohol
tests as required because of job duties or law; and
3. Satisfactory results on criminal history, driving record, employment education
reference checks.
C. Seasonal/Temporary Physical Exams. No person shall be employed as a
seasonal or temporary employee until documentation of a physical examination
within the previous 60 days, indicating satisfactory physical condition for
39
employment, has been provided to the Human Resources Department by the
applicant, if such is required because of job duties.
D. Minimum Age. Eighteen is the minimum age for Town employment, except for:
1. Fire uniformed services - age 21,
2. Police uniformed services - age 21, and
3. Selected seasonal and temporary positions where persons age 16 and over
but under 18 may be employed as allowed by law in jobs that are non-
hazardous.
E. Nepotism in Hiring. Employment of certain related persons by the Town or
within designated Town units is not allowed. The provisions of this Section apply
to persons from outside the Town workforce who are applying for employment
with the Town. Restrictions on persons who are already employed by the Town,
and who become related to another person, who is employed by the Town, are
specified in the Relationships Chapter (204.00).
1. Scope. For the purposes of determining a relative relationship (Nepotism)
only, employee includes all at-will employees; probationary, regular full-time,
regular part-time, seasonal, temporary, and temporary agency workers,
volunteers, and reserve Police Officers.
2. Relative. The following relatives are covered by these guidelines:
a. Any person related by blood or adoption as follows:
1) mother or father;
2) daughter or son;
3) sister or brother;
4) grandmother or grandfather;
5) granddaughter or grandson;
6) niece or nephew;
7) aunt or uncle;
8) first cousins;
b. Any person who is married to any person specified in E.2.a above; or
c. An employee's spouse and any person related to the employee's spouse
as specified in E.2.a above.
3. Disclosure. All persons applying for employment are required to disclose
any relative serving as the Mayor or as a Council or Board Member and any
relative who is employed by the Town.
4. Prohibitions. (with the exceptions of seasonal and temporary)
40
a. Elected Officials' Relatives. No person who is related within the second
degree by marriage (spouse and spouse’s children, parents, brothers,
sisters, grandparents, and grandchildren) or within the third degree by
blood (parents, children, brothers, sisters, grandparents, grandchildren,
great-grandparents, great-grandchildren, aunts, uncles, nieces, and
nephews) to the mayor or any member of the Town Council or Municipal
Utility District Boards may be offered or accept employment with the
Town.
b. Executives. No person who is a relative (as defined in E.2.a above) of a
council-appointed employee, the Town Manager, MUD District Manager or
a Department Head may be offered or accept employment with the Town.
c. Employees' Relatives. No person who is a relative (as defined in E.2.a
above) of a current Town employee may be offered or accept employment
with the Town in the same department as his or her relative. A person
applying for rehire with the Town may be placed in the same department
as the relative if the person was employed in the same department and
related to the employee at the time of the person’s separation from the
Town.
d. Condition of Conflict. No person who is a relative (as defined in E.2.a
above) may be offered or accept employment where the employment
would constitute a condition of conflict.
103.05 RE-EMPLOYMENT
A. To be considered for re-employment, former employees must have demonstrated
acceptable prior service with the Town and must meet the current minimum
qualifications for the position for which they are applying. Re-hired employees
are subject to the conditions of employment and benefits of a newly hired
employee, except where specifically stated otherwise. Employees who separate
employment with the Town and return to work as a regular employee within one
(1) year from their separation date will have their service time adjusted to include
their prior service. Employees who have adjusted service time will be granted
the same benefits as employees with no break in service.
B. See also Military Personnel Chapter 308.00.
103.06 TRIAL PERIOD
A. Applicability/Length. All new, re-hired or promoted full-time employees are
required to successfully complete a performance trial period of six calendar
months active duty in the position for which the employee was hired.
41
1. A new, re-hired or promoted employee who fails to satisfactorily complete the
performance trial period will be dismissed.
2 As at-will employees, trial employees have no property interest in the
positions held, and therefore may be dismissed, transferred, or demoted
without cause.
3. The 6-month trial period:
a. Is extended for an additional 6 months for Public Safety personnel in
accordance with the Trophy Club Department of Public Safety Policies
and Procedures;
b. May be extended for extenuating circumstances documented in writing
that makes additional time necessary to effectively evaluate the employee
and requested by the Department Head and approved by the Manager of
Human Resources or the Manager’s designee.
c. Completion of the trial period does not entitle the employee to remain
employed by the Town for any definite period of time but rather is used to
designate the commencement of employee benefits. Both the employee
and Town are free, at any time, with or without notice and with or without
cause, to end the employment relationship. After completion of the trial
period, eligible employee will receive the benefits described in the manual.
B. Restriction. No trial employee may be reassigned, promoted, or allowed to
voluntarily transfer during the trial period unless the Department Head
determines that such action is a business necessity.
42
104.00 CHANGES IN EMPLOYEE STATUS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
104.01 POLICY/PURPOSE
The evolving nature of serving both residents of and visitors to The Town of Trophy
Club requires jobs to change, duties and responsibilities to be altered, and employee
movement within the organization. Employees may undergo any number of changes in
status and/or compensation resulting from their performance, promotion, demotion,
reassignment, or transfer. The purpose of this Chapter is to identify and describe the
more common of these changes.
104.02 GENERAL PROVISIONS
A. All promotions, demotions, reassignments, or transfers are contingent on position
availability and the employee meeting the minimum qualifications.
B. Status changes described in this Chapter may affect compensation, based on
position classification.
C. Except for temporary re-assignments in higher classifications for Firefighters and
Police Officers, status changes described in this Chapter can only be effective at
the beginning of a pay period.
104.03 PROMOTIONS AND DEMOTIONS
A. Regular full-time employees may promote to higher-classified positions based on
qualifying skills and demonstrated performance.
B. Regular full-time employees may be demoted as the result of failure to meet
minimum performance standards established for their position, disciplinary action,
or job elimination due to business necessity.
104.04 REASSIGNMENT
A. Management Reassignment. An employee may be temporarily or permanently
reassigned to a position in the same pay grade with different duties and
responsibilities. This action may be taken at the discretion of management.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
43
B. Temporary Reassignment in Higher Classification. A regular full-time
employee may be temporarily assigned to an acting status in a higher level
position having different duties and responsibilities when:
1. An existing position is vacant or the incumbent is absent from work for not less
than 30 days (30-day requirement not applicable to Firefighters and Police
Officers due to Sec. 141.033 of the Texas Local Government Code);
2. Maintenance of department operational effectiveness precludes dispersing the
duties of the position among other equally classified employees;
3. The employee meets the minimum qualifications of, and is capable of
performing, the assigned duties of the higher level position; and
4. The Director of Police and Fire Services approves the temporary assignment in
writing (not applicable to Firefighters and Police Officers due to Sec. 141.033 of
the Texas Local Government Code).
C. Employee-Sought Reassignment. Regular full-time employees are allowed to
voluntarily seek transfers to equally or lower-classified positions for which they are
qualified, unless the transfer is not in the best interest of the Town.
104.05 POSITION RECLASSIFICATION
Reclassification of a position may occur at the discretion of management when the job
duties actually performed and the minimum qualifications of the position have
significantly changed since the job description was written. Reclassification may result
in a position being placed in a higher, lower, or same classification. Reclassifications
are appealable at the department head's discretion. Employees whose positions are
reclassified will be given advanced written notice of the reclassification by the
supervisor.
104.06 NEW STATUS REVIEW PERIOD
A. Regular full-time employees who are promoted, transferred, reclassified, or
demoted will serve six calendar months in the new position, during which time their
performance and conduct will be reviewed. The 6-month New Status Review
period:
1. Is extended for the positions of police officer and firefighter as provided in the
Trophy Club Department of Public Safety Policies and Procedures;
2. May be extended for extenuating circumstances, documented in writing, that
make additional time necessary to effectively evaluate the employee, when
requested by the department head and approved by the Manager of Human
Resources or his/her designee.
44
B. A regular full-time employee who fails to satisfactorily complete the new status
review period will be dismissed unless, subject to position availability and
employee qualifications, the employee can be returned to his or her former position
or reassigned to a position classified equal to or below that held before the status
change.
1. Return to the former position and/or reassignment to an equivalent position are
final non-appealable actions;
2. Both re-assignment to a lower classified position and/or dismissal are
appealable.
C. No employee shall be promoted, demoted, reassigned, allowed to transfer, or be
terminated during the new status review period unless the Department Head
determines that such action is a business necessity.
104.07 HIRING PART-TIME EMPLOYEES FOR FULL-TIME POSITIONS
A. Service credit for part-time work. Persons who have worked in a regular part-
time position for the Town continuously for six months before being hired for a full-
time position will:
1. Receive ½ full-time service credit for each month of part-time work for longevity
pay and vacation leave accrual rate purposes; and
2. Be credited with one half the amount of sick and vacation leave that would have
been accrued if the employee had occupied a full-time position.
B. Except for the granting of service credit as specified in this Chapter, part-time
employees hired into full-time positions are subject to the same terms and
conditions as any probationary full-time employees. Employees with six (6)
months of credited service may use accrued vacation leave.
45
105.00 TERMINATION OF EMPLOYEE STATUS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
105.01 POLICY/PURPOSE
Employees leave the Trophy Club Entities workforce under various conditions that include
retirement, reductions in force, dismissal, or voluntary separation due to personal or business
reasons. Depending on the nature of the employee’s department, procedures exist that affect the
employee’s eligibility to obtain terminal pay and/or appeal disciplinary action. Employees
should make themselves aware of these procedures.
105.02 RESIGNATION/RETIREMENT
A. NOTICE REQUIRED
1. Resignation. An employee must submit a written resignation to his/her
immediate supervisor at least 10 working days before the effective date of
resignation. The resigning employee must indicate in the resignation letter the
last day/shift/hour to be worked. Failure to report to work as scheduled during
the resignation notice period will be treated as an unauthorized absence.
a) Pay in Lieu of Notice. In some cases, when an employee resigns, it may be in the
best interest of the Town that the employee leaves the premises upon notice of
resignation. In such cases, two (2) week pay in lieu of notice may be granted with
the approval of the Town Manager.
2. Retirement. An employee must give written notice of intent to retire to his/her
immediate supervisor, not less than 30 calendar days, before the effective date
of retirement. The retiring employee must indicate in the retirement intent
notice the last day/shift/hour to be worked. In cases of disability, application for
disability retirement satisfies the notice requirement.
3. Failure to Give Notice. An employee who gives less than the required notice
or provides notice during a time period when any disciplinary action is pending
forfeits terminal pay benefits, unless the department head waives the notice
requirement and the department head approves the waiver request in writing.
B. PENDING DISCIPLINARY ACTION
1. No resignation or retirement will be considered effective after disciplinary action
has been initiated against an employee, unless acceptance is agreed to and
coordinated among the department head, Human Resources Department,
46
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
and Town Attorney’s Office. Disciplinary action initiation means service of a
formal charge and specification memorandum and does not include notice of a
complaint under investigation.
2. An employee whose resignation or retirement notice is tendered and accepted
after the initiation of a disciplinary action forfeits the opportunity to respond and
to appeal the disciplinary action. If the resignation/retirement notice is not
accepted, the employee’s opportunity to respond and appeal the disciplinary
action is maintained.
3. An employee retains the opportunity to respond and appeal if the resignation or
retirement notice was given prior to the initiation of a disciplinary action.
105.03 REDUCTION IN FORCE
As a matter of business necessity, the Town Manager may direct, with Town Council approval, a
reduction in the Town’s workforce through the elimination of occupied and unoccupied positions
and layoff of employees. In the event the MUD District Manager or the MUD Boards desire a
reduction in workforce, such action shall be taken pursuant to the terms of the Agreement; and
the implementation of that reduction by the Town shall be done in accordance with the Personnel
Manual.
105.04 DISMISSAL
A. Although employment continues to be at will, the Town may initiate dismissal as a result
of a serious infraction or the continued inability by an employee to comply with the
Town’s policies or performance standards. If an employee is dismissed, the Supervisor
must notify the Department Head and the Human Resources Manager before the
employee is dismissed and before the Dismissal Memo and PCN is submitted. The
Supervisor completes a Dismissal Memo and PCN Form to terminate the employee. The
justification/comments/documentation portion of the form must have the reason for
termination and state whether all Town property has been returned, including any keys
that may have issued to the employee. Terminations are effective the last day of actual
work. An exception may be made to this only with the prior approval of the Human
Resources Manager. Supervisors are responsible for the collection of all Town-owned
property, including documents, manuals, keys, pagers, cellular phones, tools and/or parts,
and equipment.
105.05 INSURANCE AFTER TERMINATION
A. COBRA (Consolidated Omnibus Budget Reconciliation Act) legislation allows
eligible employees to continue group medical coverage and other insurance
coverage that may apply after their employment. A two percent (2%)
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administrative surcharge will be included in this event. Employees who are
discharged for gross misconduct, as defined by the “COBRA Act”, as amended,
are not eligible for this benefit. The Town contracted with a third party to
administer Cobra. The third party COBRA administrator will notify employees by
mail concerning continuation of benefits. The following is a listing of those items
presently defined as gross misconduct under COBRA:
(1) Insubordination
(2) Accident or intentional act resulting in serious injury or death of the employee or
other 3rd party.
(3) Engaging in reckless behavior which could likely result in injury or death.
(4) Accident or intentional act resulting in substantial loss of property to the Town.
(5) Intentional acts subjecting the Town to substantial adverse publicity and undue
administrative expense.
(6) Falsifying any Town record or document (§201.09).
(7) An act of fraud (§201.11)
(8) Commission of any felony or misdemeanor of moral turpitude.”
(9) State law criminal prohibition (§203.05A).
(10) Violation of the Texas Penal Code § 39.06. (§209.02)
(11) Violation of the Workplace Violence Policy as the initiator or aggressor.
(§208.00)
105.06 EXIT PROCESSING
A. Exit interviews shall be conducted with all terminating employees regardless of the
reason for leaving Town employment, length of service, position, or circumstances of
separation.
B. An exit interview consists of providing information regarding termination of benefits,
medical continuation options and costs, retirement for TMRS and an interview regarding
employment with the Town of Trophy Club and the department(s) in which the employee
worked.
1. Voluntary Termination. Employees shall contact the Human Resources Department
at least five (5) days before the date of separation from Town employment to make
arrangements for final pay, benefits determination, and an exit interview.
2. Involuntary Termination. Human Resources shall provide final pay and benefit
determination explanation to employees at the time of termination.
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106.00 WORK HOURS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
106.01 POLICY/PURPOSE
The Town of Trophy Club reserves the right to establish official work hours for any position to
ensure accomplishment of the Town’s mission.
106.02 GENERAL PROVISIONS
A. 40-hour Week. The Town has adopted a 40-hour workweek schedule for non-
exempt employees, except for certain uniformed DPS personnel. Work periods
for DPS personnel shall be in accordance with the Trophy Club Department of
Public Safety Policies and Procedures.
B. Except as specified in this Section, authorized paid leave is considered hours
worked.
1. Sick leave is not considered hours worked for the purpose of determining if
overtime pay liability has occurred. (See Compensation Chapter 301.00).
2. Paid leave is not considered hours worked for the purpose of determining
eligibility for Family and Medical Leave Act (FMLA) leave.
C. Additional Work. All employees are required to work hours in excess of their
official hours when necessary, as determined by department management. Such
additional work assignments may be rotated and allocated among employees
qualified to do the work in accordance with departmental policies regarding
overtime and additional work assignments. Excess hours may be required or
granted for a specified period of time, or on a regular basis as operating
circumstances warrant.
D. Additional Work. Unless approved in advance by the employee's immediate
supervisor, performing work at any time other than, or in addition to authorized
working hours, is prohibited. This includes, but is not limited to work before or after
regular work hours, or work taken home.
E. For employees who are not exempt from overtime payment under the Fair Labor
Standards Act (FLSA), and where hourly computations are permitted for use of
sick and vacation leave by exempt employees, work time or leave time will be
computed to the nearest quarter hour.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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106.03 INCLEMENT WEATHER
A. Town offices and activities will remain open and in operation during established
working hours unless the Town Manager declares the offices,
excluding emergency services, officially closed due to inclement weather. If the
Town has not been officially closed, employees must make every effort to report to
work even though driving conditions may be hazardous or may request leave as
provided in these policies.
B. If the Town has not been officially closed, employees who are unable to report to
work due to inclement weather must contact their supervisor in accordance with
personnel policies and departmental procedures. An employee who fails to report
to his or her supervisor may be subject to disciplinary action, up to and including
dismissal.
C. Compensation for absences related to inclement weather will be as follows:
1. Official Closing. If the Town Manager closes a facility due to inclement
weather, an employee scheduled to work at the facility will be paid his or her
normal shift pay during the hours the facility is officially closed.
2. No Official Closing. If the Town Manager does not close a facility and an
employee is unable to report to work due to inclement weather, compensation
will be handled in the following manner:
a. Non-exempt Employees. A non-exempt employee who misses work hours
due to inclement weather may use accrued vacation time or holidays. If an
employee has no paid leave available, the employee may be granted
authorized leave without pay. At the discretion of the Department Head,
non-exempt employees may be allowed to make up hours missed.
b. Exempt Employees. An exempt employee who misses work hours due to
inclement weather may use accrued vacation time or holidays if the
absence is for a full workday. Neither the salary nor the leave accruals of
an exempt employee will be docked for absences of less than one (1) full
Workday.
c. Part-time and Part-time Seasonal Employees. A part-time or part-time
seasonal employee who is unable to report to work due to inclement
weather will be paid only for hours actually worked.
D. Early Closing. If the Town Manager closes a facility early due to inclement
weather, an employee who reported for work will be paid for the remainder of his or
her normal shift. A non-exempt employee who remains, as part of a skeleton crew
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will be allowed to accrue compensatory time or will be paid overtime at the
Department Head’s discretion.
E. Emergency Services. Employees designated by their department as essential
personnel or designated by the department head to provide emergency services
will report to work as provided by their department rules during an official closing.
106.04 ON-CALL STATUS
A. Some operational segments may designate non-exempt employees to be on-call to
provide for after-hours service needs. Employees are required to respond to an
on-call assignment. Two forms of on-call are recognized for non-exempt
employees, as follows:
1. Restricted on-call is the time spent on or away from Town premises, under conditions
that prevent the employee from using the time for personal activities. All such time
in readiness is considered compensation for restricted on-call.
2. Unrestricted on-call is all time, other than regularly scheduled working hours,
when an employee is designated to be available for call-back. The employee
is free to pursue personal activities, but must respond to summons (paging
phone or radio) within designated guidelines set by the department head.
This is not considered time worked and is not compensable. If called back,
however, call-back compensation will be paid.
B. An employee is considered officially scheduled and designated as on-call only
when approved by the employee’s supervisor.
106.05 ALTERNATE WORK SCHEDULES
A. General Provisions
1. Subject to operational requirements, regular full-time employees may be
permitted to work an alternate work schedule that allows the employee to work
outside the normal work hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, as specified in this Section.
2. Approval Process. The Human Resources Department must review all
alternate work schedules to ensure there is no conflict with statutory/regulatory
requirements or Town policy. Any alternate work schedule for an individual
must be agreed to in writing by the supervisor and the employee and must be
approved by the department head prior to implementation. Proposed
alternative work schedules for work groups that create operating and/or budget
implications require the Finance Director approval prior to implementation.
3. Restrictions:
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a. The Town may cancel or suspend an employee’s alternative schedule
privileges at any time, for any reason, or for no reason.
b. Daily and weekly work schedules can be modified at The Town’s discretion
to meet changing operational needs.
c. Approval of an alternate work schedule does not restrict exempt employees
from working more than their scheduled hours.
d. Employees can be required to depart from an alternate schedule, as
necessary, to work additional hours, to attend training, or for other business
purposes determined by the Town.
e. No alternate schedule will be approved that has the potential to unduly increase the
Town’s overtime pay liability.
B. Flex-Time allows the employee to work outside the normal work hours of 8:00 to
5:00 p.m. but requires eight hours of work per day Monday through Friday. Flex-
time schedules must include an unpaid daily meal break of at least 30 minutes.
C. Compressed Work Week is a schedule that permits an employee to work the
equivalent of a full week in fewer than five days and will be at the discretion of the
Town Manager. The 24-on/48-off schedule for Firefighter is not considered a
compressed workweek.
1. No compressed workweek arrangement under which an employee is scheduled to work
more than 12 hours per day on a regular basis is permitted.
2. Employees who work a compressed workweek and are scheduled to work on a
Town holiday receive the same amount of paid holiday leave (8 hours) as other
full-time employees. If, under the compressed work week schedule, the
employee is scheduled to work more than 8 hours on a Town holiday and takes
the day off; the employee must work additional hours within the same week, or
supplement the holiday leave with accrued vacation leave, to meet the 40-hour
work requirement.
3. Employees who work a compressed workweek schedule may re-schedule
holidays that occur on a day when they are not scheduled to work, as provided
in the Holidays Section of the Paid Leave Chapter.
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107.00 PERFORMANCE PLANNING AND REVIEW
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
107.01 POLICY/PURPOSE
The job performance of all employees will be reviewed periodically.
Periodic formal performance review is intended to ensure that all employees:
• Are aware of what duties are expected;
• Understand the level of performance expected;
• Receive timely feedback about their performance;
• Have opportunities for education, training, and development; and
• Are evaluated in a fair and consistent manner.
107.02 GENERAL PROVISIONS
A. The performance of employees will be reviewed:
1. Periodically during the performance probation period after hiring, and the new
status review period after promotion, reassignment, reclassification, or transfer;
2. For employees assigned to the police and fire services classifications, after
completion of FTO,
3. At least annually for Town employees.
B. Interim reviews at intervening six-month intervals, or more often if desired by the
supervisor, are recommended to foster communication, assure a common
understanding of purpose, and to assist in detecting any developing problems.
C. Notwithstanding establishment of standardized periodic performance reviews in
this Chapter, employees and supervisors are encouraged to have frequent,
informal discussions of performance when appropriate or necessary
107.03 REVIEW PROCESS
A. Together the supervisor and employee will discuss the employee's performance
during the review period and plan for the next review period in order to:
1. Identify the expectations of how duties are to be performed;
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
53
2. Identify the principal duties of the job and create a way to measure results;
3. Develop special objectives that recognize significant work or projects, if any;
4. Identify and address areas of employee development needs; and
5. Develop an action plan for training to improve or add skills.
B. The supervisor will document the employee's evaluation and the agreed on plans
on the prescribed form, after which the evaluating supervisor and employee will
discuss and sign the approved review document. The employee will be given the
opportunity to read the performance review.
C. If the employee disagrees with the performance review, they may submit a
disagreement statement that will be attached to the review document with out any
supervisor revision to the review document.
D. If the employee can prove factual error to support their disagreement, the
supervisor may revise the review.
107.04 PERFORMANCE IMPROVEMENT PLAN (PIP)
A. A regular full-time employee who continues to perform below the acceptable level
after counseling may be placed on a Performance Improvement Plan (PIP). If the
employee fails to demonstrate the necessary improvement upon completion of the
PIP, the employee shall be reassigned, demoted, or dismissed as specified in this
Section.
B. The PIP cannot be used:
1. To extend a performance probationary period.
2. For part-time, seasonal, or temporary employees whose performance is
deficient.
3. To extend the 6-month new status review period after promotion, reassignment,
or voluntary transfer. Deficient performance by those employees will result in
reassignment or dismissal as specified in Chapter 104.00.
C. The PIP document will be completed by the supervisor and should include
statements of the specific deficiencies in the employee's performance, what
improvement is necessary, the period of time in which improvement must occur,
i.e., 30, 60, or 90 days, and what action will result if the employee fails to show
satisfactory improvement.
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D. Upon the completion of the Action Plan Duration, the supervisor will complete a
PIP Review and meet with the employee to discuss.
E. An employee has no appeal of a performance improvement plan, but may attach a
written response to the document. If the employee submits a disagreement
statement, it will be attached to the document.
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PERFORMANCE IMPROVEMENT PLAN
MEMORANDUM
TO: (Employee's Name and Title)
FROM: (Supervisor's Name and Title)
SUBJECT: Performance Improvement Plan (PIP)
DATE:
Concern:
Specifics:
Plan of Action: (To be completed by Employee)
Action Plan Duration: PIP Review Date:
_____________________________________
(Supervisor's Signature)
I understand that I am being placed on a Personal Improvement Plan and that failure to
successfully complete the PIP may result in reassignment, demotion, or dismissal I am
also aware of my right to respond.
_________________________________ _______________________________
Employee's Signature Date Signed
cc: Manager of Human Resources
(department head's name and title or
department head's supervisor if department head is imposing discipline)
Purpose: The purpose of this procedure is to communicate the method of corrective
action clearly and consistently to EMPLOYEE’S NAME.
Intent: The intent of this procedure is to communicate to the employee as early as
possible a problem or concern interfering with team or Town performance and
appropriate steps to correct this. It is also the intent of this procedure to administer
this corrective action in a positive and constructive manner with the end goal always
being that the employee improves and becomes a better team member for the Town.
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PERFORMANCE IMPROVEMENT PLAN REVIEW
MEMORANDUM
TO: (Employee's Name and Title)
FROM: (Supervisor's Name and Title)
SUBJECT: Performance Improvement Plan (PIP)
DATE:
Review:
Specifics:
Further Action Plan if Necessary:
_____________________________________
(Supervisor's Signature)
I acknowledge receipt of this memorandum and am aware that I have successfully
completed the PIP.
_________________________________ _______________________________
Employee's Signature Date Signed
cc: Manager of Human Resources
(department head's name and title or
department head's supervisor if department
head is imposing discipline)
Purpose: The purpose of this procedure is to review the PIP issued on DATE.
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108.00 TRAINING AND TRAVEL
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
108.01 POLICY/PURPOSE
A. Training. The Town promotes a learning environment and provides in-house
training relevant to developing general job skills and preparing employees for new
and increased responsibilities. Each department is allocated, within budget
constraints, training funds to meet specific individual or department needs.
B. Travel and Local Meeting Expenses. The Town recognizes the need for official
representation at conferences, meetings, conventions, seminars, and other
functions. The eligibility and procedure for financing and reimbursement of
allowable expenses incurred by an individual in an official capacity as a
representative of the Town are as specified in this Chapter.
108.02 TRAINING PROCEDURES
A. Human Resources In-house Training. All individuals attending Human
Resources training must register through Human Resources to attend the class.
Training requests must have supervisory approval and be submitted to Human
Resources for processing. An enrollment confirmation will be returned to the
individual.
B. Specific Individual or Department Training. All training, other than that provided
through Human Resources, is coordinated by the employee’s department.
Approval and funding for such training is at the discretion of department
management with available funds.
108.03 TRAVEL AND LOCAL MEETING EXPENSES
A. General Provisions
1. The Finance Director is responsible for the overall administration and enforcement of
this Section.
2. All employees are expected to report any abuse and/or misuse of travel and
entertainment funds to appropriate management.
3. No employee shall use his or her own funds (cash, check, or credit/debit card) to
purchase airline tickets or pay for registration expenses for another employee.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
58
B. Ordinary Expenses. Other than per diem allowances for meals and incidentals as
described in section 1.c. below, only actual costs that a reasonable and prudent
person would incur shall be allowed. Official receipts for items or services received
are required. No reimbursement will be made for costs in excess of the maximum
allowances specified below. Expenses in excess of maximum allowances are the
responsibility of the individual.
1. Allowable Expenses
a. Telephone Calls. Reimbursement for personal telephone calls will not
exceed $5 per day, including access charges. Prepaid telephone cards
must be approved by the Finance Department before travel.
b. Parking. Only actual parking expenses shall be allowed. If no receipt is
provided, the employee must submit a signed and dated declaration of the
expense. Airport parking for 24 hours or less will be reimbursed at the
short-term parking rates. Required parking for 25 hours or more shall be
reimbursed at the long -term parking rate only.
c. Meals and Incidentals (M & IE)
1) Employees may claim reimbursement for personal meals and incidentals
in accordance with the U.S. Government’s Domestic Per Diem Rates in
effect for their travel destination. Incidental expenses are defined as
fees and tips given to porters, baggage carriers, and bellhops.
2) The Domestic Per Diem Rates can be obtained by accessing the U.S.
General Services Administration’s website at www.gsa.gov or by
contacting the Finance Department.
3) The Domestic Per Diem Rate will be reimbursed for each full day in
travel in lieu of actual meal expenses.
4) The employee may not claim the entire per diem rate for travel periods of
less than one full day. The per diem rate is broken down into
standardized meal rates for breakfast, lunch, and dinner. For partial day
travel, only the appropriate per diem meal rate should be claimed. The
breakdown of the per diem rate can be found at the same U.S. General
Services Administration’s website at www.gsa.gov. Under the per diem
rates there is a section for M & IE breakdown. The following times
should be considered when requesting meal reimbursement for partial
days:
Departure time Returning time
Before 6:00 a.m. By 11:00 a.m. Breakfast
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Before 1:00 p.m. 12:00 – 6:00 p.m. Lunch
Before 7:00 p.m. After 6:00 p.m. Dinner
5) Where meals are provided at conferences and included in the
registration fees, reimbursements should not be requested except when
limitations of an individual cannot be accommodated by the conference
organizers, or when the exception is approved by the department head
for business purposes.
d. Tips/Gratuities. Tips or gratuities on taxis shall not exceed 15 percent of
total taxi fare.
e. Transportation. Except for reasons of time and/or monetary allocation,
transportation for trips of 200 miles or less (one-way) shall be by Town or
personal vehicle, not airline travel.
1) Airline. Coach class tickets only. If reservations are made through the
contract travel agency, the agency will charge the cost on a Town credit
card. Otherwise a Payment Authorization must be submitted to the
Finance Department.
2) Vehicle. When traveling, a personal vehicle may be used or a Town
vehicle assigned to the department, if available.
a) Local mileage reimbursement for use of a personal vehicle is made
at the rate established by the Internal Revenue Service. Current
mileage rates may be obtained from the Finance Department.
b) When claiming reimbursement for use of a personal vehicle for
Town business, the employee must submit a sheet detailing:
mileage claimed, dates, odometer readings, destinations, and
purpose.
c) Executive-level employees who receive a car allowance and
employees with vehicles provided by the Town will not receive
mileage reimbursement.
3) Rental Cars. Approval to rent a car must be obtained from the Finance
Director before the trip. Rental cars will generally not be authorized
except when ground transportation is not available or economical.
Documentation must be provided to support the request.
f. Ground Transportation. Employees may claim reasonable actual ground
transportation expenses associated with airline travel, including shuttle
services and taxis, provided that documentation for these expenses is
submitted.
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1. Trip Cancellation. The employee shall promptly notify the Finance
Department when travel plans are cancelled. If the trip is cancelled due
to a conflict with Town business, the Town will be responsible for any
fees that result from the cancellation. If the trip is cancelled for personal
reasons, the employee shall reimburse the Town for any fees charged
as a result of the cancellation. Any exception to this rule must be
approved by the employee’s supervisor.
2. Prepayments. Reimbursement is preferred, but lodging, transportation,
and registration expenses may be prepaid directly by the Town if
requested in a timely manner. No travel advances shall be allowed for
these items unless specifically authorized by the Finance Director.
3. Non-allowable Expenses. The cost of alcoholic beverages, laundry/dry
cleaning, in-room movies, tours, personal entertainment, limousines, and
spouse or other family expenses are specifically excluded from
reimbursement, except when approved as Extraordinary Expenses.
C. Extraordinary Expenses. There may be isolated occasions when, for the Town’s
benefit, extraordinary expenses may be justified. Extraordinary expenses that are
not specifically provided for in this Chapter, when justified in writing, may be
approved by the Finance Director if they are determined to have been incurred for
the Town’s benefit.
D. Requests for Travel Advances. Employees may request travel advances for
meals and incidental expenses from the Finance Department. A request for
advance travel funds must be submitted on a Payment Authorization form that
contains all pertinent information at least 5 working days before the date of travel.
The check shall not be issued more than 7 working days before the date of travel.
1. The amount of the travel advance is limited to the anticipated meal expenses,
plus any incidental expenses, such as gas and tips.
2. The Payment Authorization shall indicate a charge directly to an expenditure
account (the fund, agency, and department number followed by account code.
Any questions concerning the proper line item account number must be
directed to the Finance Department.
3. Failure to follow these procedures will result in denial of the advance funds. If
the advance is denied, the employee may still apply for allowable
reimbursement of personal funds used in the travel.
4. Denial of travel advances may be appealed through the Department head.
E. Filing Expense Reports
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1. Expenses incurred at meetings must be documented on an expense report sent
to the Finance Department within 10 calendar days of the conclusion of the trip.
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a. Employees will include all prepaid expenses related to the travel on the
expense report. Prepaid expenses may include hotel charges, registration
fees, and airfare.
b. If the expense report and required documentation is not received in the
Finance Department within 15 calendar days after the conclusion of the trip,
no further travel advances will be given to the employee, and the Finance
Department will send a delinquency notice to the employee, Department
head, and Finance Director. The Finance Department will retain a copy of
all employee notifications.
c. Employees will have five more calendar days after a delinquency notice to
submit the expense report and required documentation to the Finance
Department.
d. Town Council and Municipal Utility Board members shall submit their
expense reports to the Town Manager and to the Municipal Utility Director.
Managers shall submit their expense reports directly to the Town Manager.
The Town Manager and Municipal Utility Director shall forward expense
reports to the Finance Department after review and approval.
2. Reimbursement of mileage, meal, gas, and other expenses incurred at local
meetings do not require an expense report. These items may be submitted to a
department supervisor for approval and reimbursed using petty cash voucher or
payment authorization as applicable.
3. If more than one employee attends the same trip/event, each employee will
complete his/her own expense report. If the employees share an allowable
expense, every effort should be made to split the bill. If the bill cannot be split,
then one employee should obtain a receipt for the entire amount and document
the other employees who contributed, and the amounts provided by each.
Upon return to the Town, the employee shall produce copies of the receipt for
all contributing employees for their expense reports.
4. When the travel advance, or any portion of it, is not entirely used, the employee
shall return the unused funds for credit to the proper account. The employee
shall ensure that the returned monies are credited to the same line item
account from which they were originally drawn. The original receipt of this
refund transaction must be attached to the expense report and submitted to the
Finance Department. If the trip was cancelled, the original receipt should be
forwarded to the Finance Department indicating that the trip was cancelled.
5. The Finance Department shall review the items submitted for mathematical
accuracy, reasonableness of expenses, and compliance with the provisions of
this Chapter. The Finance Department shall make any correction(s)
determined necessary. Any corrections made by the Finance Department will
be reviewed by Finance Director. After the review, if a reimbursement is due
63
the employee, the Finance Department will process the documents to produce
a check to the employee based on the approved expense report.
F. IRS Regulations. Notwithstanding the Town’s administrative procedures for travel
advances, IRS regulations may result in the Town having to classify travel
advances as ordinary income to the employee if:
1. The expenses were not incurred for valid business purposes; and
2. The employee did not adequately account for these expenses and return any
excess allowance within a reasonable period of time. To meet the “reasonable
period of time” test, expenses must be incurred within 30 days of the receipt of
a cash advance, and the employee must adequately account for their expenses
within 60 days after they were paid, and return any excess advance within 120
days after the expense was paid or incurred.
108.04 RECRUITING/RELOCATION EXPENSES
A. In most instances applicants for Town employment are responsible for interviewing
and/or relocation expenses. When the recruiting process requires a regional or
national recruiting effort, applicants may be reimbursed for certain direct, out-of-
pocket interviewing/relocation expenses, particularly those relating to travel or
relocation from out-of-state.
1. Reimbursement is limited to the expenses of coach airfare, meals, and ground
transportation to and from the airport, to the extent allowed as ordinary
expenses for Town employee travel in 108.03 B., for the purpose of
interviewing for Town employment or seeking housing after acceptance of
employment. Actual cost of lodging that a reasonable and prudent person
would incur for these purposes may also be reimbursed.
2. The same receipts/documentation that would be required for reimbursement of
employee travel is required for recruiting/relocation reimbursement. The
department head should submit a Payment Authorization for the total amount
and the receipts/documentation to the Finance Department.
3. Recruiting/relocation expense reimbursements will be charged to the hiring
department.
4. Recruiting/relocation expenses cannot be advanced and will be paid only on a
reimbursement basis after receipt of acceptable documentation of payment by
the applicant.
B. Department Heads must secure approval from the Town Manager or Municipal
Utility Director by indicating why reimbursement is necessary, the approximate cost
of reimbursement, and what account(s) will be used for funding before scheduling
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an interview with or making an offer of employment to the applicant, whichever is
applicable.
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109.00 SAFETY AND ACCIDENT REPORTING
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
109.01 POLICY/PURPOSE
The Town is committed to providing a safe workplace. Employees are expected to take
an active role in promoting workplace safety by reporting unsafe working situations and
by noting where fire extinguishers, first-aid kits, and emergency exits are located.
Additionally, employees are required to report accidents in order to help management
identify and correct the underlying causes of accidents, and thereby prevent similar
accidents. Accident reporting is also required to verify that injuries in the course and
scope of employment qualify for compensation under the Workers’ Compensation
system. The Town sets minimum qualification standards for vehicle drivers and for
vehicle operation in an effort to minimize human injury, lost working time, and property
damage costs.
109.02 GENERAL PROVISIONS
A. Employees are responsible for exercising care and good judgment in preventing
accidents and for observing safety rules when performing job duties. Employees
are required to:
1. Report all accidents to their supervisor and seek first aid for all injuries,
however minor they may be, so that a 1st Report of Injury may be completed;
2. Report any unsafe work conditions, equipment, or practices to their supervisor
as soon as possible;
3. Attend scheduled safety meetings and activities; and
4. Contact their supervisor on a regular basis, as specified by department
regulations, when job-related injuries result in lost time, for the purpose of
keeping the supervisor informed of the employee's medical condition and
expected return-to-work status.
B. Employees shall promptly report the need for repairs of any Town owned or leased
property issued to, used by, or possessed by the employees to the supervisor and
to the Town department officially charged with maintenance of such property.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice, except
as provided by federal or state laws.
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C. Employees shall not alter, repair, or in any way change, add to, or remove any
parts or accessories of any Town owned or leased property without the permission
of the department head and the Town department officially charged with
maintenance of the property (such as Information Technology for computers, Fleet
for vehicles). This includes buildings, office equipment, machines, clothing, tools,
and other equipment.
D. Employees who operate vehicles or equipment in the course and scope of
employment with the Town will be instructed, where applicable, in the use of that
equipment.
109.03 DEPARTMENT PROVISIONS
A. Although most safety regulations are consistent throughout each department and
program, it is the responsibility of the employee to identify and familiarize him or
herself with the safety programs of their department and working area.
B. Each Department Head shall have the responsibility to develop, and authority to
implement, the safety programs in their department in the interest of a safer work
environment.
109.04 PERSONAL PROTECTIVE EQUIPMENT
A. The Town will provide, directly or through an allowance, as determined by
management, items of personal protection, including clothing, as specified in this
Chapter.
B. Supervisors will direct use of personal protective items when warranted.
Employees will comply with such direction. Examples are:
1. Hard hats will be provided and used by all employees working in areas where
possible danger of head injury from impact, falling or flying objects, or from
electrical shock and burns exist.
2. Hearing protection devices will be provided and worn by all employees working
in areas where a danger of noise exposure exceeds accepted safe limits.
3. Eye and face protection equipment will be provided and used by all employees
when machines or operations present potential eye or face injury from physical,
chemical, or radiation agents.
4. Respiratory protective devices will be provided and used by all employees
when working in atmospheres immediately dangerous to life and health, or
where there is an immediate threat of severe exposure to contaminants, which
are likely to have adverse delayed effect on the health of the employee.
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5. Protective footwear will be used by all employees when working in areas where
equipment operation, or the movement of heavy materials, or construction
situations could cause injury to the feet.
6. Protective gloves will be worn by all employees when work-site operations
could cause injury to the hands.
7. Outer garments marked with or made from reflective or high-visibility material
will be provided and will be worn by all employees when exposed to vehicular
traffic in alleyways, roads, streets, highways, or when working within 15 feet of
a street or roadway.
8. Appropriate fall-arrest equipment will be provided and used by all employees
when working in an overhead position that may require use of both hands
and/or when there is a danger of falling.
9. Life jackets or buoyant work vests will be provided and used by all employees
when working over or near water where the danger of drowning exists.
10. Confined-space work rules will be followed for all work in confined spaces.
109.05 OPERATION OF VEHICLES
A. Vehicle Operator Qualifications. In order to operate any Town motor vehicle, or any
other motor vehicle in the course of Town business, an employee must:
1. Have a valid Texas operator’s license for the class of vehicle to be driven;
2. Have a record of no more than 3 moving violations and/or accidents within a
24-month period;
3. Have no record of D.W.I. or D.U.I.D. convictions in the preceding 24-month
period;
4. Be at least 18 years old; and
5. Be otherwise qualified under federal and state regulations to drive the vehicle in
question.
B. Driving records of employees who operate Town motor vehicles will be examined
on an annual basis by the department in which they work.
C. Employees who operate Town motor vehicles in the course and scope of their
employment must notify their supervisor:
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1. When their driver's license becomes invalid or suspended for any reason, such
employees will immediately be prohibited from operating vehicles on Town
business.
2. Immediately during regular working hours (or by the next working day if after
hours) when any ticket or citation for any violation of state law or a local
ordinance relating to motor vehicle traffic operation other than parking violations
is received. This notice must be in writing and include:
a. Driver’s full name and license number,
b. Date of the incident,
c. Nature of the violation,
d. Whether or not the violation was committed in a commercial vehicle, and
e. Location of the offense.
D. An employee shall operate any vehicle used for Town business in a careful and
prudent manner and shall obey the laws, policies, regulations, and procedures of
the state, Town, and any political subdivision pertaining to such operation. An
employee's operation of a vehicle shall at all times set a proper example for other
persons.
E. Duty Restrictions/Possible Dismissal. A physical, mental, or driving skill impairment
that affects an employee's ability to operate a motor vehicle safely, or failure to
comply with the driver qualifications specified in this Section, precludes that
employee from operating any Town owned or leased vehicle or privately-owned
vehicle for Town business. If vehicle operation is an essential job function of the
position, the employee will be immediately relieved of duty and, if the vehicle
operation prohibition is due to suspected physical or mental impairment, the
employee will be subject to a health fitness evaluation as specified in the
Performance and Conduct Standards Chapter 201.00.
F. Passenger Restraint Systems. As required by law, passenger restraint systems
must be worn by the driver and passengers when a vehicle is in operation. The
driver is responsible for ensuring compliance by all occupants. If the restraint
system is inoperable, the vehicle cannot be used until it is repaired.
109.06 ACCIDENT INVOLVEMENT
A. Report Required. All accidents involving injury to any person, Town-owned or
leased vehicles or equipment, personal vehicles, or equipment used for Town
business, and/or property damage must be reported to the immediate supervisor
by the employee(s) involved (or witnesses, if the employee is unable to report) as
soon as possible, but no later than 24 hours after the accident. The supervisor
must report these accidents to the Human Resources Department. Town accident
reporting forms must be used.
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B. Employee Responsibilities. Unless transported from the scene for medical
treatment, an employee involved in a job-related accident that is required to be
reported in 109.05A will:
1. Render aid to other parties if possible and necessary;
2. Report the accident and any injuries immediately to the local law enforcement
agency;
3. Immediately notify the supervisor, who will in turn notify Human Resources and,
where necessary, the Town Attorney's Office;
4. Record the name, address, and phone number of any witnesses;
5. Record the make, model, and license number of any other involved vehicle
involved and obtain the names, addresses, and telephone numbers of the
driver and occupants of the other vehicle(s), if any;
6. Be courteous, but not make or sign any statement for anyone other than the
police officer responding to the scene, or the Town Attorney's Office
representative;
7. Remain at the accident scene until excused by the supervisor or the local law
enforcement agency;
8. When requested, provide a statement to Human Resources and the Town
Attorney's Office; and
9. If involved in a job-related motor vehicle accident, an employee shall not
discuss or reveal information or provide statements/information to non-Town
personnel.
C. Administrative Accident Investigation
1. The Human Resources Department, or other designated Town employees, will
conduct an administrative investigation into the circumstances of the accident
and prepare a written report that includes a statement of the facts and analysis
as to cause. The report will also include recommendations of any corrective
action that should be taken to prevent recurrence of such an accident. If the
administrative investigation is conducted by anyone other than Human
Resources Department, a copy of the report will be sent to Human Resources
Department.
2. Where necessary, the Human Resources Department will coordinate any
claims/litigation defense with the Town Attorney’s Office.
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D. An employee who is involved in an accident required to be reported under this
Chapter may be required to undergo examinations and/or tests as specified in the
Performance and Conduct Standards Chapter 201.00 and/or the Drug and Alcohol
Tests Chapter 115.00.
109.07 SAFETY INSPECTIONS AND ANALYSIS
A. The Human Resources Department will:
1. Conduct periodic review of onsite safety inspections and report any unsafe
conditions to management;
2. Provide hazard and accident analysis; and
3. Prepare and keep adequate records of all accidents and develop programs to
assist in eliminating accidents.
B. Supervisors will conduct regular safety inspections to ensure safe working and
work site conditions.
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110.00 PERSONNEL RECORDS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
110.01 POLICY/PURPOSE
The Town gathers and maintains information on applicants, employees, and volunteers
and retains information on retirees and former employees in order to administer its
planning and personnel functions, including job evaluation, performance and placement
judgments, to carry out the provisions of its compensation and employee benefit
programs, and to comply with state and federal record keeping and reporting
requirements. The Town will gather, maintain, and retain only such personal
information as is required to effectively conduct its business and is necessary to
administer personnel programs. While complying with its governmental reporting and
record keeping requirements, the Town strives to ensure that it handles all personal and
job-related information about employees in an appropriate fashion, in accordance with
the principles and procedures specified in this Chapter. Medical records will be kept
separate from basic personnel files and according to applicable Health Insurance
Portability and Accountability Act requirements.
110.02 FILE CONTENTS/SECURITY/RETENTION
A. The basic personnel file maintained in Human Resources may include, but is not
limited to, correspondence, performance evaluation ratings, changes in official
status, and completed disciplinary actions.
B. Employees are required to notify the Human Resources Department, via a CRM
when there is a change in name, address, telephone number, marital status,
number of dependents, military status, person to notify in case of accident or
emergency, or beneficiary assignment of any employee benefits plan.
C. All paper-based documents relating to the Town’s personnel record system are
kept in secure, locked files in the Human Resources Department. Medical records
are kept in separate, locked files in the Human Resources Department. All
personnel files and records must remain in the Human Resources Department at
all times until archived pursuant to the department’s records retention schedule.
D. An employee of the Town who objects to material in the employee's personnel file
on the grounds that it is inaccurate or misleading may file a statement relating to
the material.
E. Personnel records will be retained in accordance with adopted Town Records
Retention Schedules.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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110.03 FILE ACCESS/RELEASE OF INFORMATION
A. Release of Information. The release of information contained in and access to
employee personnel files is controlled by provisions of the Texas Public Information
Act, Texas Government Code Chapter 552. No information on current or former
employees will be released to outside parties except by the Human Resources
Department or by other parties after consultation with the Town Attorney's Office.
B. Basic Files. Basic personnel files are open for inspection in the Human Resources
Department as follows:
1. An employee, or the duly authorized agent, may examine public information
portions of the employee's personnel file;
2. A Town employee having supervisory authority over the employee, or an
employee with a bona fide need to know, may examine material in that
employee's file;
3. By order of a court of competent jurisdiction, any person may examine such
portion of any employee's personnel file as may be ordered by the court;
4. An official of an agency of the state or federal government, or any other political
subdivision of the state, may inspect by formal request or subpoena any portion
of a personnel file when such inspection is deemed by the Human Resources
Manager to be necessary and essential to the pursuance of the proper function
of the inspecting agency, or deemed upon advice of the Town Attorney to be
required by law.
C. Medical Files. Medical files may only be accessed in accordance with the Health
Insurance Portability and Accountability Act by:
1. Supervisors and managers as necessary to be informed about restrictions on
an employee’s work or duties and accommodations that must be provided;
2. First-aid and safety personnel who need information on a disabled employee’s
need for special assistance in the event of an emergency, or in other necessary
circumstances;
3. Government officials investigating compliance with the Americans with
Disabilities Act and other federal and state laws prohibiting discrimination on
the basis of disability;
4. Government officials and agents and contract service providers in accordance
with the Workers’ Compensation Act; and
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5. Contract service providers in connection with the Town’s health coverage
provider benefits.
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111.00 DISCIPLINE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
111.01 POLICY/PURPOSE
When an employee's conduct results in deficiencies in job performance or violations of
law, Town regulations, or rules, it is the policy of the Town to take appropriate action to
improve and/or correct the conduct or performance or, if necessary, remove the
employee from the Town workforce through application of the standardized disciplinary
options and procedures specified in this Chapter.
111.02 GENERAL PROVISIONS
A. Disciplinary action will be consistent with the nature of the deficiency or infraction
involved and with other relevant factors. In reaching a decision as to what
disciplinary action will be taken, the supervisor should consider such factors as the
type and severity of the employee’s conduct and its results, the employee's work
record, the employee’s prior disciplinary record, and any mitigating or aggravating
circumstances, which may be relevant to the situation.
B. All disciplinary action must be documented in writing. Except where specifically
provided in this Chapter, records of all disciplinary actions will be maintained in the
Human Resources Department.
C. While it is expected that disciplinary action options be exercised progressively, so
that lesser options are used for minor deficiencies or infractions, and more severe
disciplinary action is taken for serious violations or for repeated deficiencies or
infractions, the nature of the deficiency or violation in any particular situation may
require that a more severe disciplinary action be taken. In that circumstance, it may
be appropriate for a supervisor to take disciplinary action that the supervisor
determines appropriate given the magnitude of the violation without first complying
with progressive disciplinary action for the violation. Consistent with the
progressive discipline process, records of finalized disciplinary actions are not
permitted to be purged or destroyed, so that a full record of an employee’s
disciplinary history is maintained.
D. Violation of company policies and rules may warrant disciplinary action. Forms of
discipline that the Town may elect to use include verbal corrections, written
warning, suspensions and / or demotions. The Town may, at its sole and absolute
discretion, deviate from any order of progressive disciplinary actions and utilize
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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whatever form of discipline is deemed appropriate under the circumstances, up to
and including immediate termination of employment. The Town’s discipline policy
in no way limits or alters the at-will employment relationship.
E. An exempt employee may not be suspended without pay for less than a full work week,
and such suspension must be in full week increments, unless the discipline is for violation
of a safety rule of major significance. Suspension of an exempt employee for violation of
a safety rule of major significance may be made in full day increments.
111.03 DISCIPLINARY OPTIONS
A. The options for disciplinary action are listed in the chart provided as Appendix A to this
Chapter. It includes the forms, retention requirements, response and appeal options for
each level of discipline.
B. Progressive Discipline is a six-step system that courts; administrative
agencies and juries expect supervisors to follow. These six steps are:
1. Coaching or Positive Contact. An informal discussion between
a supervisor and employee about the need to improve minor performance
problems or as a reminder of a rule. This allows the supervisor an opportunity
to offer solutions and options to help the employee meet the objectives and/or
resolve a problem or performance issue. The supervisor documents the
discussion on the Performance Discussion Worksheet. The original form will
be retained in department file.
2. Oral Warning. An oral reprimand is an oral instruction from the
supervisor to the employee about the need to improve performance
deficiencies or about a violation of a rule. Even though the instruction is oral,
this level of discipline must still be documented on a Counseling/Discipline
form. The original form will be retained in the employees personnel file in the
Human Resource Department.
3. Written Warning. A written warning from the supervisor to the
employee about the need to improve performance or about a rule violation.
This is a critical action and communicates the seriousness of the situation and
the supervisor’s commitment to seeing the employee resolve the issue. It also
serves as a warning that the employee’s job is in jeopardy. The original form
will be retained in the employees personnel file in the Human Resource
Department.
4. Suspension. A suspension is a relief from duty without pay for a
period of time determined by the supervisor based on the severity of the
incident. Exempt employees cannot be suspended for a period of less than
one week, except for serious safety violations. This is a critical action and
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communicates the seriousness of the situation and the supervisor’s
commitment to seeing the employee resolve the issue. It also serves as a
warning that the employee’s job is in jeopardy. The original form will be
retained in the employees personnel file in the Human Resource Department.
5. Demotion. A demotion is a reduction in rank or classification
consistent with deficiency or violation. This is a critical action and
communicates the seriousness of the situation and the supervisor’s
commitment to seeing the employee resolve the issue. It also serves as a
warning that the employee’s job is in jeopardy. The original form will be
retained in the employees personnel file in the Human Resource Department.
6. Dismissal. Involuntary separation of the employee from Town employment.
111.04 DISCIPLINE PROCEDURES
A. Discipline. Discipline is initiated when the employee receives notices in the proper
written or oral format. All forms are available online on the Human Resources
Portal.
1. Consultation with Human Resources. Supervisors are encouraged to
consult with the Human Resources Manager for Coaching/Positive Contacts
and Oral Warnings. Supervisors are required to consult with the Human
Resources Manager for Written Warnings, Suspensions, Demotions and
Dismissals.
2. Response. All employees are given the opportunity to respond to the
supervisor issuing the discipline within two (2) days of receipt of the
memorandum or form initiating the discipline. While the employee’s response
may be oral or written, the supervisor shall seek a face-to-face meeting with the
employee to review the response, giving the employee the opportunity to
present pertinent facts. After such response is received and/or communicated,
the supervisor shall consider the response and render a written decision to the
employee not later than two (2) days from the date of the employee's response.
Failure of the employee to submit the response or attend a conference waives
the response. As used in these policies, the period of two (2) days shall mean
two (2) business days.
a. If the employee waives the right to respond, the disciplinary action
will become effective upon the employee's signing the Response Waiver
Form/Format 4, and submitting it to the supervisor.
b. If the employee fails to respond, the disciplinary action will become
effective at the expiration of two days from receipt of the disciplinary
memorandum.
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c. If the employee responds (Response Form/Format 4A) and after reviewing
the employee's response, the supervisor decides the proposed disciplinary
action remains appropriate, the disciplinary action will become effective
immediately following such decision. The employee’s response will be
attached to the disciplinary action for the file.
B. Appeal Provisions.
1. An employee may appeal a written reprimand, suspension, demotion, or
dismissal as specified in this Chapter. This administrative process is the
exclusive remedy to dispute whether just cause exists to support such actions.
There is no right to appeal the final administrative decision to any court based
on a claim of insufficient cause or breach of contract.
2. The time limits may be extended or shortened at any or all steps if both
Parties agree in writing. In the event the parties cannot agree, the Human
Resource Manager has the discretion to extend the time limits; however, the
time limits cannot be shortened except by agreement of the parties. The
Human Resources Manager will notify both parties in writing of any extension.
3. Failure to respond to an appeal within the time limits prescribed by the
appropriate representative at any step is a violation of this policy, but does not
void the pending action.
4. All appeals must be in writing. All decisions rendered in response to appeals
must be in writing to the employee, either in memorandum or letter format.
5. Wherever these procedures provide for appeal to the Department Head and the
Department Head personally imposed the discipline, or for some reason is not
eligible to hear the appeal, any appeal shall be made to the Department Head's
supervisor, who shall thereafter act in lieu of the Department Head in all
subsequent steps of the appeal process. In the case of Department Heads
reporting directly to the Town Manager, any appeal shall be to the Director
designated by the Town Manager.
6. Failure of the employee to exercise the opportunity for appeal within the
specified time frame constitutes waiver of the appeal.
7. The employee's opportunities to respond and appeal under this Section are
independent. Whether the employee chooses to respond or not will in no way
affect the employee's right to appeal.
C. Appeal Procedures.
1. Coaching and Positive Contacts: No response or further appeal is provided.
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2 Oral Warning: In lieu of an appeal, the employee may respond to the oral
warning within two (2) days of receipt of the oral warning. The supervisor has
the discretion to consider such response. No further appeal is provided.
3. Written Warning: The employee may appeal a written reprimand by submitting
the completed Disciplinary Appeal Form/ (Format 3A), to the Department Head
and the Manager of Human Resources within ten (10) days after receiving the
appeal or meeting with the employee. This decision is final and not appealable
further.
4. Suspension, Demotion or Dismissal: The employee may appeal a
suspension, demotion, or dismissal by filing the completed Disciplinary Appeal
Form/Format 6 with the Department Head and the Human Resource Manager
within ten (10) days of the date the employee receives the suspension,
demotion or dismissal.
a. The Department Head must meet with the employee to hear the
appeal within ten (10) days after receiving the appeal. (This appeal is
based on the disciplinary action only. The employee may make a
statement and submit to questions from the Department Head if the
employee desires. No other witness testimony is allowed during this
meeting. The employee may offer documentary evidence. The employee,
and the disciplining supervisor may summarize their positions and contest
the documents offered at the appeal.) The Department Head shall render
a decision within ten (10) days after the meeting with the employee. A
copy of the decision must be sent to the Human Resources Manager.
b. If the decision of the Department Head is not acceptable to the
employee, and the employee chooses to appeal further, the employee
must file an appeal on the Disciplinary Appeal Form/Format 6A with the
Human Resources Manager within five (5) days of the date the employee
receives the decision from the Department Head. At this step of the
appeal process, the employee is requesting a decision on the record by
the Town Manager or designee. The Human Resources Manager will
provide a copy of the written decision to the Department Head and the
employee.
c. The Town Manager will render a decision based on the documentation
presented in the appeal meeting with the Department Head and any
further documentation the supervisor may provide. The Town Manager
will render his or her decision within ten (10) days after receiving the
record, unless an extension of time is required. When an extension is
required, the employee will be so advised in writing and a new date
established. The disciplinary decision of the Town Manager or designee
is final and not appealable further.
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Appendix A
Step Required Forms
Retention Location
Response Appeal
INFORMAL ACTIONS:
There is no threat to the employee's job or job security. The goal is to create an opportunity for employee to succeed.
Coaching or 1. Performance Discussion Worksheet (Format 1) Department None
Positive Contact File
1. Performance Discussion Worksheet (Format 1) Two (2) days
Oral Warning 2. Response Form (Format 2) HR File to respond to None
3. Response Waiver Form (Format 2A) Supervisor
FORMAL ACTIONS:
Formal disciplinary action up to and including termination.
1. Performance Discussion Worksheet (Format 1)
2. Written Reprimand Memo (Format 3) Two (2) days
3. Response Form (Format 2) HR File to respond to 1. Department Head
Written Warning 4. Response Waiver Form (Format 2A) Supervisor
5. Disciplinary Appeal Form (Format 3A)
6. Disciplinary Appeal Waiver Form (Format 3B)
1. Performance Discussion Worksheet (Format 1)
2. Suspension Reprimand Memo (Format 3) Two (2) days
3. Response Form (Format 2) HR File to respond to 1. Department Head
Suspension 4. Response Waiver Form (Format 2A) Supervisor 2. Town Manager
5. Disciplinary Appeal Form (Format 3A)
6. Disciplinary Appeal Waiver Form (Format 3B)
1. Performance Discussion Worksheet (Format 1)
2. Demotion Reprimand Memo (Format 3) Two (2) days
3. Response Form (Format 2) HR File to respond to 1. Department Head
Demotion 4. Response Waiver Form (Format 2A) Supervisor 2. Town Manager
5. Disciplinary Appeal Form (Format 3A)
6. Disciplinary Appeal Waiver Form (Format 3B)
1. Dismissal Memo (Format 4)
3. Response Form (Format 2) Two (2) days
Dismissal 4. Response Waiver Form (Format 2A) HR File to respond to 1. Department Head
5. Disciplinary Appeal Form (Format 3A) Supervisor 2. Town Manager
6. Disciplinary Appeal Waiver Form (Format 3B)
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PERFORMANCE DISCUSSION WORKSHEET (Format 1)
Employee Name: Date:
Department/Division:
Supervisor:
Non-Disciplinary Action Formal Disciplinary Action
Discussion Type: Coaching Session Oral Warning
Suspension
Written Warning
Demotion
Problem Category: Attendance Attitude Job Performance
Safety Misconduct
IT IS NECESSARY TO COUNSEL YOU REGARDING THE FOLLOWING: Cite Town
and/or department policy violation, how the policy was violated, and any circumstance
surrounding the incident (be specific), or cite specific areas in performance needing
improvement (again, be specific).
If Attendance, # Incidents In Past # Months)
Date(s) Of Previous Discussion(s) About This Problem:
Has Employee Received Coaching In Past? Yes No
If Yes, Indicate Date Administered:
Has Employee Received Formal Discipline In Past? Yes No
If Yes, Indicate Level Of Discipline, Category And Date Administered:
Oral Warning Date Date Date
Attendance
Performance
Conduct/Safety
Written Warning Date Date
Attendance
Performance
Conduct/Safety
Suspension-Demotion Date
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Attendance
Performance
Conduct/Safety
Statement Of Desired Performance:
Statement Of Actual Performance:
Summary Of The Impact / Business Reason Why Employee Must Solve This Problem:
REPETITION OF THIS OFFENSE OR PERFORMANCE PROBLEM MAY BE SUBJECT TO
DISCIPLINARY ACTION OR A PERFORMANCE IMPROVEMENT PROGRAM.
Consequences To Employee If Failure To Improve To Acceptable Level:
Did The Employee Previously Agree To Solve This Problem? Yes No
If Yes, the employee failed to live up to the agreement for discussion in this meeting. (What was the exact
agreement that the employee made?)
CORRECTIVE ACTION TO BE TAKEN BY THE EMPLOYEE: Cite what you and the employee have
agreed to be a reasonable plan to correct the problem.
____________________________________ _____________
Employee Signature Date
____________________________________ _____________
Supervisor’s Signature Date
____________________________________ _____________
Witness Signature Date
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RESPONSE FORM (Format 2)
TO: (Supervisor's Name and Title)
FROM: (Employee's Name and Title)
I hereby exercise my right to respond to you regarding the disciplinary action indicated
in your memorandum dated _________________________________.
_____ My response is:
_____ I desire to personally visit with you for my response.
________________________________ _________________________
Employee's Signature Date Signed
cc: Manager of Human Resources
Department head's name and title or department head's supervisor if department
head is imposing discipline.
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RESPONSE WAIVER FORM (Format 2A)
TO: (Supervisor's Name and Title)
FROM: (Employee's Name and Title)
I hereby waive my right to respond to you regarding the disciplinary action indicated in
your memorandum dated _________________________________.
_________________________________ __________________
Employee's Signature Date Signed
cc: Manager of Human Resources
Department head's name and title or department head's supervisor if department
head is imposing discipline.
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WRITTEN REPRIMAND (Format 3)
SUSPENSION REPRIMAND (Format 3)
DEMOTION REPRIMAND (Format 3)
MEMORANDUM
TO: (Employee's Name and Title)
FROM: (Supervisor's Name and Title)
SUBJECT: DISCIPLINARY ACTION (Indicate written, suspension, demotion)
DATE:
You are hereby notified that you are being reprimanded as the result of an investigation
into allegations of misconduct you are alleged to have committed.
The grounds for this action are:
CHARGE: Violation of (specify written law, rule, regulation, policy, procedure, etc.)
SPECIFICATION: (facts)
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You have the right to formally appeal this action to (name and title of department head
or department head's supervisor if department head is imposing the discipline) within
ten working days of the date you receive this memorandum in accordance with
Personnel Policies 111.04, Discipline Procedures. You should refer to this policy for
further information regarding your right to appeal. (Format 3A Disciplinary Appeal
Form.)
Should you desire to waive your right to appeal, sign the attached waiver form and
submit it to me. (Format 3B Appeal Waiver Form.)
You shall refrain from further misconduct of this nature. Any recurrence in the future will
result in further disciplinary action.
_____________________________________
(Supervisor's Signature)
I acknowledge receipt of this memorandum and am aware of my right to appeal.
Furthermore, I understand that this acknowledgment is in no way an admission of guilt.
_________________________________ _______________________________
Employee's Signature Date Signed
cc: Manager of Human Resources
(department head's name and title or
department head's supervisor if department
head is imposing discipline)
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DISCIPLINARY APPEAL FORM (Format 3A)
TO: (Department Head)
FROM: (Employee's Name and Title)
DATE:
In accordance with Personnel Policy 111.00, I wish to appeal my:
______ Written Reprimand (copy of disciplinary memo attached)
______ Suspension (copy of disciplinary memo attached)
______ Demotion (copy of disciplinary memo attached)
______ Dismissal (copy of disciplinary memo attached)
For the following reasons:
________________________________________
Signature
________________________________________
Street Address or P.O. Box
________________________________________
Town, State and Zip
________________________________________
Phone Number
cc: Manager of Human Resources
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APPEAL WAIVER FORM (Format 3B)
TO: (Supervisor's Name and Title)
FROM: (Employee's Name and Title)
SUBJECT: WAIVER OF DISCIPLINARY APPEAL RIGHTS
I hereby waive my right to appeal the (indicate type of reprimand) disciplinary action
indicated in your memorandum
dated _________________________________.
_________________________________ ________________________________
Employee's Signature Date Signed
_________________________________ ________________________________
Witness Signature Date Signed
cc: Manager of Human Resources
(department head's name and title or department head's supervisor if department
head is imposing discipline)
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DISMISSAL OF AT-WILL EMPLOYEE (Format 4)
MEMORANDUM
TO: (Employee's Name and Title)
FROM: (Supervisor's Name and Title)
SUBJECT: DISMISSAL FROM AT-WILL EMPLOYMENT
DATE:
You are hereby notified that you are being dismissed this date from at-will employment
in accordance with the Town of Trophy Club’s Personnel Policies for at-will employees.
CHARGE: Violation of (specify written law, rule, regulation, policy, procedure, etc.)
SPECIFICATION: (facts)
YOU WILL BE INELIGIBLE FOR REHIRE WITH THE TOWN OF TROPHY CLUB.
______________________________________ ____________________
Supervisor's Signature Date
______________________________________ ____________________
Employee’s Signature Date
______________________________________ ____________________
Witness Signature Date
cc: Manager of Human Resources
Department head's name and title or department head's supervisor if department
head is imposing discipline.
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112.00 EMPLOYEE ASSISTANCE PROGRAM
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
112.01 POLICY/PURPOSE
Trophy Club Municipalities provides a confidential counseling and referral service,
through a contract counseling service provider, to assist employees in resolving
personal problems. The service may also be used to address issues that may be
affecting job performance or employee morale. The primary function of the Employee
Assistance Program “EAP” is to assist employees and their dependents by assessing
needs and making recommendations regarding appropriate treatment. Initial counseling
and referral services are available at no cost to all full-time employees and their
dependents.
112.02 REFERRAL TYPES
A. Self-referral. When an employee or family member is experiencing a personal or
job-related problem, the employee may contact the EAP provider to schedule an
initial appointment. The first appointment will be set based on the nature of the
problem. Appointments may be made during scheduled work hours, should
staffing levels permit, and employees may use accrued time, if available, for the
absence.
B. Informal Referral. If an employee initiates discussion about a personal problem
with a supervisor, the supervisor may recommend that the employee use the EAP
service. Appointments may be made during scheduled work hours, should staffing
levels permit, and employees may use accrued time, if available, for the absence.
C. Formal Referral. This kind of referral is based on problems affecting job
performance, i.e., a decline in an employee's work performance or an incident,
which may impact job performance. Supervisors shall consult with their
department’s Human Resources Manger before approaching the employee. The
specific job performance problem or job related incident shall be clearly described
to the employee. The supervisor will suggest the employee use the EAP services
and may assist the employee by offering to contact the EAP provider. If the
employee rejects the offer of a formal referral to the EAP provider and the work
problems do not recur after the interview with the supervisor, no further action is
required. No disciplinary action will be taken solely because the employee
declines the use of the EAP, unless the mandatory referral criteria are met.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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D. Mandatory Referral. Referral to EAP by a supervisor is mandatory for an
employee when:
1. The employee has failed a drug and alcohol test;
2. The employee refused a formal referral and the problems affecting job
performance have continued;
3. The employee agreed to a formal referral, but did not contact the EAP service
provider, and the problems affecting job performance have continued; or
4. It is suspected that a physical or mental impairment of an employee constitutes
a hazard to persons or property, or may be preventing the employee from
effectively performing the essential job functions of the position.
5. After consultation with Human Resources, the supervisor or manager will
complete a Supervisor Referral form to give to the employee.
112.03 COUNSELING/FURTHER REFERRAL TO COMMUNITY RESOURCES
A. If the problem for which the employee was referred can be resolved in three or
fewer one-hour sessions, counseling will be provided by the EAP counselor and
paid for by the Town. Employees will be allowed to use any accrued leave to
attend these sessions.
B. In addition to services provided by EAP and paid for by the Town, EAP may make
an appropriate referral to a community resource. Any referral made by EAP for
further services will be made based on the employee's health insurance, ability to
pay, location of the services, the counselor's expertise and philosophy, and the
employee's expressed preferences. Employees will be allowed to use any accrued
leave to go to referrals made by the EAP counselor, as long as the employee
provides proof of appointments or treatment.
112.04 RECORDS OF EAP REFERRALS/USE
A. Confidentiality. All records pertaining to the EAP will be treated with a high
degree of confidentiality.
B. Release. Any information released will be clearly defined as confidential and will
be released only under the following circumstances as legally allowed:
1. When the EAP counselor determines that there is clear and imminent risk to
the employee or to the community. Clear and imminent risk includes, but is not
limited to an individual who is actively suicidal, an individual who is likely to
physically harm another person, and/or an individual whose ability to function
on the job is so substantially impaired that the individual presents a serious risk
to the community;
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2. When and to whom required by judicial order or when required by legal
proceedings;
3. As required by law to appropriate authorities in cases involving child abuse;
4. To Human Resources and the employee's supervisors on a need to know basis
when a referral was mandatory; and
5. To others with written consent of the employee.
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113.00 EMPLOYEE COMPLAINT AND GRIEVANCE PROCEDURE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
113.01 POLICY/PURPOSE
All employees are encouraged to bring any complaints about work-related situations to the
attention of management. Employees shall seek to first informally discuss any issues with
immediate supervisors or other members of the department’s management. In continuing effort
to maximize harmonious relations with employees, management should always treat each
employee with respect and as an individual, encouraging continuous open communication
between all levels of employees. It is the objective of the Town to ensure that all formal
complaints (reporting of misconduct of an employee, such as harassment or disagreement over
anordinance, resolution, policy, rule or regulation) and grievances (an allegation that the Town
has violated, misinterpreted, or inequitably applied an existing law, ordinance, resolution, policy,
rule or regulation, as it applies to the conditions of employment, not to include questioning the
substance of policy) against employees are investigated to maintain the integrity and positive
perception of the Town. This procedure does not apply to the investigation of criminal acts.
113.02 VERBAL COMPLAINTS
Citizens or employees of the Town are permitted to make verbal complaints concerning
the conduct of employees of the Town; however, no disciplinary action shall result
against the employee, nor is any permanent record placed in that employee’s personnel
file concerning the alleged conduct based solely upon the verbal complaint. Nothing in
this procedure is construed to prohibit further investigation of the complaint and a
Department Head in charge of such employee shall not be precluded from obtaining a
written complaint on his own initiative.
113.03 GENERAL PROVISIONS
A. Scope. The grievance procedure provides an avenue for any full-time employee
to obtain management review, through the employee’s department, of any work-
related issue that adversely impacts the employee and for which there is no other
means of response, review, appeal, or resolution as provided in this Manual.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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B. Probationary and Temporary Employees. Probationary and temporary employees may
use this procedure, except in cases involving their performance evaluation or discharge.
However, in cases where the employee considers performance evaluation or discharge to be
improperly based upon the employee’s age, sex, race, religion, national origin, or handicap
condition, the employee shall have the right to such relief pursuant to (D) below.
C. Unlawful Discrimination Complaint. Any employee who feels that he or she has been
unlawfully discriminated against in matters relating to working conditions or other
conditions of employment, solely because of the employee’s race, color, religion, sex,
national origin, age, physical or mental disability, and/or sexual orientation or reprisal for
participation in prior EEO activity shall have the right to file an equal employment
opportunity (EEO) complaint directly with the Town Manager, as set out under the Town’s
Discrimination and Harassment Procedure (114.00).
D. Time Limits. Prompt resolution of grievances is desired. Time limits specified
may be extended or shortened by written agreement of the parties. The Manager
of Human Resources may extend the time limits if the parties cannot agree, but
cannot shorten time limits.
1. A grievance not brought forward by the employee within the time limits prescribed at
each step will not be considered timely and will be void.
2. A grievance shall be responded to within the time limits prescribed by the appropriate
supervisory authority level. Failure to timely respond to a grievance does not void the
grievance, nor does it uphold the grievance or provide the grounds for another
grievance to be filed.
E. Representation. Any party to the grievance may have a representative to provide
assistance, accompany, or to provide representation at any step of the procedure.
For the purpose of this policy, parties include the grievant, the individual(s) against
whom the grievance is directed, and the appropriate department head.
F. Statement of Grievance. At each step of the process, the written grievance must
contain:
1. A detailed statement of the grievance and the facts upon which it is based;
2. Description of the specific wrongful act and harm done to the aggrieved
employee; and
3. Statement of the remedy or adjustment sought.
G. Sequential Steps. When the response to any step of the grievance procedure is
not acceptable to the employee, the next sequential step must be followed within
the time limits specified.
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H. Human Resources Assistance. At any step of the grievance process the
supervisor/manager who is to respond to the grievance may seek assistance from
the Human Resources Manager or designee in resolving the grievance.
113.04 COMPLAINT AND GRIEVANCE STEPS
A. Step One/Supervisor. The employee should first seek to resolve the issue
informally. All complaints and grievances other than EEO complaints shall be
initially presented orally to the employee’s immediate supervisor. (EEO
complaints, ie, race, color, religion, sex, national origin, age, physical or mental
disability, and/or sexual orientation or reprisal for participation in prior EEO activity,
are to be taken directly to the Town Manager.) In this first step, the complaint or
grievance shall be thoroughly discussed by the parties in order that every effort
can be made to resolve the matter to the mutual satisfaction of employee and
supervisor. If the issue is not resolved, the employee may file a Step One
Complaint/Grievance form with the Manager of Human Resources and the
employee’s immediate supervisor. The Step One Complaint/Grievance form must
be filed within fifteen (15) days of the incident or when the employee became
knowledgeable of the incident. The supervisor will attempt to resolve the matter
and will submit a written response to the employee within ten (10) days after
receipt of the Step One Complaint/Grievance form.
B. Step Two/Department Head Review. If the supervisor is unable to resolve the
matter or the employee does not find the supervisor's response acceptable, the
employee may file a Step Two Complaint/Grievance with the department head.
The Step Two Complaint/Grievance must be filed within five (5) days of receipt of
the supervisor's written response to the Step One Grievance. The department
head or designee will meet with the employee and render a written decision to the
employee within ten (10) days after the meeting. A copy of the decision shall be
given to the Manager of Human Resources. If the department head is the
employee's immediate supervisor, the employee must, within the time limits
specified for presentation to the department head, present the Step Two Grievance
form to the department head's supervisor, who will act as specified in this Section
in lieu of the department head.
C. Step Three/Town Manager/District Manager Review
1. If the department head or designee is unable to resolve the grievance or the
Step Two response is unacceptable; the employee may seek further review by
filing a Step Three Grievance Form with the Town Manager, within five (5) days
of receipt of the Step Two decision. The employee must also provide a copy of
the form to the Human Resources Manager.
2. Within thirty (30) days of receipt of the Step Three Grievance Form, the Town
Manager or designee will either uphold the decision of Step Two, or uphold the
grievance and grant the employee the remedy sought, or render any other
decision consistent with good management principles, practices, and policies.
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The decision of the Town Manager or designee is final in response to a
grievance or a committee recommendation and not subject to appeal.
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EMPLOYEE COMPLAINT/GRIEVANCE FORM
NATURE OF MATTER (check one) Complaint
Grievance
EMPLOYEE INFORMATION
Name:
Job Title:
Department:
Name of Supervisor:
DATE, TIME AND LOCATION MATTER OCCURRED
Date of Occurrence:
Time: Location:
DATE DISCUSSED WITH SUPERVISOR: ____________________
DATE STEP ONE: _____________
DATE STEP TWO:_____________ (Please indicate why Step One response was
unacceptable.)
DATE STEP THREE:___________ (Please indicate why Step Two response was
unacceptable.)
STATEMENT OF COMPLAINT/GRIEVANCE (give full details):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(Attach additional page if necessary)
REMEDY SOUGHT: what action(s) do you wish the Town to take in order to resolve
the complaint: __________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
AFFIRMATION:
I swear or affirm that the above information is true to the best of my knowledge,
information, and belief:
______________________________________ ________________________
Signature Date
If you have filed this complaint with any state or federal enforcement agency, please
indicate _____________________ and ______________ in the space provided.
the agency date filed
Please attach Step One and Two responses if escalating.
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114.00 DISCRIMINATION AND HARASSMENT
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
114.01 POLICY/PURPOSE
The Town is committed to a work environment in which all individuals are treated with respect
and dignity. Each individual has the right to work in a professional atmosphere that promotes
equal employment opportunities and prohibits discriminatory practices, including harassment.
Therefore, the Town expects all relationships among persons in the workplace will be business-
like and free of bias, prejudice, and harassment. It is the policy of the Town to ensure equal
employment opportunity, without discrimination or harassment on the basis of race, color,
religion, sex, national origin, age, physical or mental disability, and/or sexual orientation or
reprisal for participation in prior EEO activity, or any other characteristic protected by law. The
Town prohibits any such discrimination or harassment.
The Town encourages reporting of all perceived incidents of discrimination or
harassment. It is the policy of the Town to investigate such reports. The Town prohibits
retaliation against any individual who reports discrimination or harassment, or
participates in an investigation of such reports.
114.02 GENERAL PROVISIONS
A. These policies apply to all applicants and employees, whether related to conduct engaged
in by fellow employees or someone not directly connected to the Town (e.g., outside
vendor, consultant, or customer).
B. Conduct prohibited by these policies is unacceptable in the workplace and in any work-
related setting outside the workplace, such as during business trips, business meetings, and
business-related social events.
C. Misconduct constituting harassment, discrimination, or retaliation will be dealt with
appropriately. Examples of responsive action may include training, referral to
counseling, and/or disciplinary action, as the Town believes appropriate under the
circumstances. False and malicious complaints of harassment, discrimination, or
retaliation, as opposed to complaints, which, even if erroneous, are made in good
faith, may be the subject of responsive action as described above.
D. These policies shall not be used as a basis for excluding individuals of any
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create
a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn
at anytime without notice, except as provided by federal or state laws.
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protected class from participating in business or work-related activities or discussions.
No person shall make the mistake of engaging in discrimination or exclusion in order to
avoid allegations of harassment. The law and the policies of the Town prohibit
disparate treatment on the basis of any protected class, with regard to terms,
conditions, privileges, and perquisites of employment. The prohibitions against
harassment, discrimination, and retaliation are intended to complement and further
those policies, not to form a basis of an exception to them.
114.03 PROHIBITED CONDUCT
A. Discrimination. No employee shall discriminate against or favor any individual
on the basis of race, color, religion, sex, national origin, age, physical or mental
disability, and/or sexual orientation or reprisal for participation in prior EEO activity
with regard to the terms and conditions of employment.
B. Sexual Harassment. Sexual Harassment constitutes discrimination and is illegal
under both federal and state laws. For the purposes of this policy, sexual
harassment is defined as in the Equal Employment Opportunity Commission
Guidelines 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 individuals; or
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile, or
offensive work environment.
C. Harassment. Harassment on the basis of an individual’s race, color, religion, sex,
national origin, age, physical or mental disability, and/or sexual orientation or
reprisal for participation in prior EEO activity religion, or that of the individual’s
relatives, friends, or associates, is prohibited.
1. Under this policy, harassment is verbal or physical conduct that denigrates or
shows hostility or aversion toward an individual and that:
a. Has the purpose or effect of creating an intimidating, hostile, or offensive
work 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.
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2. Harassing conduct includes, but is not limited to epithets, abusive or offensive
language, slurs, or negative stereotyping, threatening, intimidating, or hostile
acts, denigrating jokes, and written or graphic material that denigrates or shows
hostility or aversion toward an individual or group, and that is placed on walls or
elsewhere on the employer’s premises, or circulated in the workplace.
D. Retaliation. Retaliation against an individual for reporting discrimination or
harassment, or for participating in an investigation of a claim of discrimination or
harassment, is prohibited. Acts of retaliation should be reported immediately and
will be promptly investigated and addressed.
114.04 REPORTING
A. The Town encourages reporting of all perceived incidents of discrimination,
harassment, or retaliation, regardless of the offender’s identity or position. A
person who believes that he or she has been the subject of such conduct should
discuss those concerns with the immediate supervisor, department head, or
Manager of Human Resources.
B. Individuals who believe they are being subjected to such conduct should promptly
advise the offender that the behavior is unwelcome and request that it be
discontinued. Often this action alone will resolve the problem. If the conduct
persists, the employee should file a formal complaint with the Human Resources
Department.
C. All supervisors are required to consult with the Manager of Human Resources any
time an individual notifies them of conduct that may constitute harassment,
discrimination, or retaliation.
114.05 COMPLAINT PROCEDURE
A. As noted in this Chapter, individuals who believe they have been subjected to
prohibited conduct or believe they have witnessed such conduct may file a formal
complaint with the Human Resources Department. The complaint must be in
writing on the form provided and should include a detailed account of the incident
or incidents, including dates, times, and names of witnesses and other persons
involved.
B. The Town encourages prompt reporting of complaints or concerns. While
complaints must be made within 300 calendar days of the alleged act of
discrimination, early reporting and intervention have proven to be the most
effective method of resolving actual or perceived incidents of harassment.
C. Any reported allegations of harassment, discrimination, or retaliation will
be investigated promptly by the Manager of Human Resources or designee. The
Manager of Human Resources or designee will meet with the individual within ten
(10) days after receipt of the complaint and shall investigate the complaint and
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render a decision to the person within thirty (30) days after meeting with the
individual. If an extension of time is needed to investigate the complaint, the
individual will be notified in writing.
D. If the complaining person is not satisfied with the decision of the Manager of
Human Resources or designee, that party may, within five (5) days of receipt of the
decision, appeal to the Town Manager for final disposition The Town Manager or
designee shall review the complaint and the investigation conducted and/or
conduct a further investigation, and render a decision within twenty (20) days of
receipt of the appeal. If an extension of time is needed to investigate the
complaint, the employee will be notified in writing.
E. Confidentiality will be maintained throughout the investigation process to the extent
consistent with adequate investigation.
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115.00 DRUG AND ALCOHOL TESTS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
115.01 POLICY/PURPOSE
The Town recognizes that drug and alcohol abuse ranks as one the major health problems in the
world and adversely affects an employee’s performance and safety on the job. It is necessary
and required by law for the Town to provide a drug-free working environment for its employees.
The objective of this policy is to provide a drug and alcohol-free work place which will foster
safety and productivity and to provide educational and treatment to employees. To further this
objective, the following rules regarding alcohol and illegal drugs in the work place have been
established.
115.02 GENERAL PROVISIONS
To maintain a drug-free work place, the Town prohibits the unlawful manufacture,
distribution, dispensing, possession, sale, purchase, use, or presence of illegal controlled
substances , alcoholic beverages, or drug paraphernalia in the work place, during working
hours, or in a Town vehicle. Where to words “drug” or “drugs” appear herein, the reference
is to controlled substances.
115.03 APPLICATION OF POLICY
This policy applies to all Town employees regardless of rank or position and includes
temporary, contract and part-time employees.
115.04 PRE-EMPLOYMENT SCREENING
A. Test required. As a public employer, the Town is entrusted with protecting the health
and safety of its citizens. This obligation includes ensuring that public safety is not
endangered as a result of drug use by Town employees. In keeping with this
obligation, individuals who seek employment with the Town will be required to submit
to a pre-employment drug test. All such tests will be conducted under the supervision
of the Town's designated physician or testing facility.
B Consent. All job applicants will be required to sign a consent form authorizing pre-
employment drug testing and the use of test results in employment decisions.
Applicants who refuse to sign the consent form will not be considered for
employment.
C. Positive test. An applicant with a confirmed positive test for any drug for which he or
she does not have a valid medical prescription, will not be considered for
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Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
employment. The applicant may be reconsidered for employment after a period of 12
months.
115.05 REASONABLE SUSPICION TESTING OF CURRENT EMPLOYEE
A. Test required. When a department manager or supervisor has a reasonable
suspicion that an employee, at work or when reporting to work, appears to be under
the influence of alcohol or drugs, or otherwise impaired, and unfit for duty, the
employee will be required to consent to a drug and/or alcohol test.
B. Reasonable suspicion. Reasonable suspicion shall mean an articulable belief
based on specific facts and reasonable inferences drawn from those facts.
Circumstances which constitute a factual basis for determining reasonable suspicion
may include, but are not limited to:
1. Direct observation of drug or alcohol use or possession;
2. Possession of drug paraphernalia;
3. Observation of physical symptoms of drug or alcohol use, such as slurred speech,
red watery eyes, dilated pupils, drowsiness, or sleeping;
4. Sudden, unexplained personality changes, drastic mood swings, or changes in
personal habits, including inattention to personal hygiene or frequently borrowing
money;
5. Documented deterioration of an employee's job performance, which may include
excessive absenteeism or tardiness;
6. Information provided by a reliable or credible source which is independently
corroborated;
7. Involvement in accidents or injuries in which obvious precautions were not taken,
improper or careless orders were given, or an unusually reckless attitude is
present, or
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8. Arrest or conviction for a drug or alcohol-related offense on or off the job, or the
identification of an employee as the focus of a criminal investigation into illegal
drug use, possession, or trafficking.
C. Reasons for reasonable suspicion shall be documented. In establishing a basis
for reasonable suspicion, the department director, manager, or supervisor will
interview the employee about possible causes for the observed behavior, and will
describe the incident in writing by completing a Suspected Drug/Alcohol Abuse
Behavior Form. This process will serve to document the circumstances leading to the
conclusion that a test for the presence of an illegal drug or alcohol is warranted.
D. Review of documentation. Once the initial interview and written description has
been completed, the highest ranking available department official must contact the
Manager of Human Resources for a review of the documentation. The Manager of
Human Resources must concur with the department official's recommendation before
an alcohol and/or drug testis performed. All records relating to the incident will be
maintained by the human resources department.
E. Procedures/Rules. A consenting employee must be driven to the testing facility and
then home by their supervisor. An employee who refuses to consent to the alcohol
and/or drug test as required by this policy will be relieved from duty for the remainder
of the day and may be subject to disciplinary action, up to and including termination.
1. In no instance shall an employee be allowed to drive their personal vehicle or a
Town vehicle following a reasonable suspicion alcohol and/or drug test.
2. The employee may be placed in an off-duty status with pay, or be required to
return to work in a non-driving or non-heavy machinery operating capacity,
pending the results of the test
F. Positive test. An employee with a confirmed positive test for alcohol and/or any drug
for which he or she does not have a valid medical prescription, may be subject to
disciplinary action, up to and including termination.
115.06 POST ACCIDENT TESTING
A. Basis for testing. Any on-the-job accident that results in any lost time, personal
injury or property damage may result in a recommendation for alcohol and/or drug
testing. Any such recommendation for alcohol and/or drug testing will be based
upon a determination by management that due to unusual or extenuating facts
and/or circumstances, an alcohol and/or drug test recommendation would be
appropriate. Notwithstanding any other provision in these policies, if the Town’s
insurance carrier or workers compensation provider requires mandatory drug
testing subsequent to an accident, then the Employee shall submit to such drug
testing.
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B. Exceptions. Employees will not be tested for environmental injuries, such as insect
stings or bites, heat-related injuries or illnesses, or allergic reactions.
C. Procedures/Rules. When an accident occurs, the employee or employees involved
shall immediately notify the supervisor, who shall determine the necessity of drug or
alcohol testing. If an exception to testing may be applicable, the decision whether or
not to test shall be made by the Department Director. If the Department Director is
unable to determine whether testing is required, then the Human Resources
Manager must be consulted. The decision to test or not test must be documented by
completing a Post Accident Drug/Alcohol Testing Form. All records relating to the
incident will be maintained by the human resources department.
A consenting employee must be driven to the testing facility and then home by their
supervisor. The employee will not be allowed to return to work until the results of
their test have been returned from the testing facility. An employee who refuses to
consent to the alcohol and/or drug test will be relieved from duty for the remainder of
the day and may be subject disciplinary action, up to and including termination. Any
employee involved in an accident which involves a Town motor vehicle will be
required to have post-accident testing.
115.07 RANDOM TESTING
A. Random Testing. Random drug testing pertains to all employees in USDOT
Safety Positions. An employee, as condition of employment, shall agree to submit
to drug and alcohol testing when selected by a random selection process in
accordance with Town policies. Employees will be selected for testing on a
random basis in a manner to ensure that each covered employee has a
substantially equal chance of selection. The testing frequency selection process is
such that an employee’s chance of selection continues to exist throughout his or
her employment. Random drug testing will be administered according to the
general guidelines of the Department of Transportation Random Drug Testing
Program.
B. Random Selection Positions.
1. USDOT Safety Positions are those position identified by segments of the United
States Department of Transportation as safety-sensitive and subject to USDOT
rules relating to drug and /or alcohol testing. Criteria:
a. Under Federal Motor Carrier Authority rules, those employees required to
possess a commercial driver’s license.
Safety Impact Positions are those positions involving job duties which if
performed with inattentiveness, errors in judgment, or diminished coordination,
dexterity, or composure may result in mistakes that could present a real and/or
imminent threat to the personal health and safety of the employee, co-workers,
and/or the public. Any employee who operates a Town-owned or leased
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vehicle or motor driven or heavy equipment as part of their primary duties is in
a safety impact position. Employees who drive on Town business are in safety
impact positions if they drive as a regular, primary, or substantial part of their
duties on behalf of the Town. The Town Manager shall designate the positions
subject to such testing.
C. Random Selection Process. The Town’s designated physician or testing facility
will administer the random selection process to determine the names of those
employees to be tested. Random Testing for alcohol and/or drugs shall be
administered at current annual rates suggested by the DOT.
1 In the event an employee who is selected for a random alcohol test is on
vacation or an extended medical absence, or not available for any other
reason, the Town can either select another employee for testing or keep the
original selection confidential until the employee returns.
2. The testing shall be unannounced and spread reasonably throughout the
calendar year. Each employee selected for random controlled substances
testing shall proceed immediately to the testing site upon notification of being
selected.
D. Procedures/Rules. When selected for random alcohol and/or drug testing,
employees and their supervisors will be notified by Human Resources. The
notification will be documented by completing a Notification of Selection for Random
Drug/Alcohol Testing Form. All records relating to the incident will be maintained by
the human resources department.
E. Positive test. An employee with a confirmed positive test for alcohol and/or any drug
for which he or she does not have a valid medical prescription, may be subject to
disciplinary action, up to and including termination.
115.08 PERIODIC/OTHER TESTING
A. The Town may perform testing of an employee on a periodic basis in conjunction
with his/her Commercial Driver’s License physical renewals. The Town also
reserves the right to test an employee at the time that the employee is enrolled in a
drug rehabilitation program and at any time during or for a period not to exceed 60
months after rehabilitation. The notification will be documented by completing a
Notification of Selection for Periodic/Other Drug Testing Form. All records relating to the
incident will be maintained by the human resources department.
B. The Town may perform testing of an employee for drug or alcohol use, upon return
to work following probation, suspension, layoff, or extended leave of absence or
any other time in order to comply with State or Federal regulations. The
notification will be documented by completing a Notification of Selection for
Periodic/Other Drug Testing Form. All records relating to the incident will be maintained
by the human resources department.
C. Procedures/Rules. When scheduled for periodic/other alcohol and/or drug testing,
employees and their supervisors will be notified by Human Resources. The
notification will be documented by completing a Notification of Periodic/Other
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Drug/Alcohol Testing Form. All records relating to the incident will be maintained by
the human resources department.
D. Positive test. An employee with a confirmed positive test for alcohol and/or any illegal
drug for which he or she does not have a valid medical prescription, may be subject
to disciplinary action, up to and including termination.
115.09 CONDUCTING DRUG AND ALCOHOL TESTS
A. Testing facility. The Town will designate the medical clinic to perform any required
testing, and is responsible for the cost of any required testing which will be
performed using a breath specimen, urine specimen, or other bodily fluid suitable for
testing. Collection of specimens, delivery of specimens to a laboratory, and
laboratory testing will all be conducted in accordance with relevant security-related
provisions of the Mandatory Guidelines for Federal Work Place Drug Testing
Programs.
B. Test Procedures.
1. Employees selected for alcohol and/or drug testing for any reason shall be notified by
the Human Resource Manager and the Appropriate Supervisor to submit to the testing
immediately.
a. Employees will need to sign the consent form, consenting or refusing the alcohol
and/or drug test.
2. Once an employee has been notified to take an alcohol and/or drug test, unless
hospitalized, no sick or other leave may be authorized until the collection
process is completed. An employee has two hours from the time of notification
to complete all the requirements of the collection process.
3. When drug screening is required or authorized under the provisions of this
policy, a urinalysis test will be given to detect the presence of amphetamines,
cocaine metabolites, opiate metabolites, phencyclidine and marijuana
metabolites or other drugs.
4. If an initial drug screen yields a positive result, a second confirmatory test,
using a gas chromatography/mass spectrometry (GC/MS) test will be
conducted on a portion of the same urine sample provided by the applicant or
employee for use in the initial drug screen.
5. Should an employee test positive for drugs, abuse of legal drugs and/or
presence of alcohol he/she may be subject to disciplinary action, up to and
including termination.
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6. Alcohol testing using the Department of Transportation’s certified Evidence
Breath Testing (EBT) device shall be completed by a certified Breath Alcohol
Technician (BAT). The minimum levels of positive test results are the levels
authorized by the Department of Transportation.
C. Re-testing. An employee or applicant who tests "positive" using the GS/MS method,
may request a re-test of the original specimen at the employee's own expense. An
employee or applicant's request for a re-test must be made in writing to the Human
Resource Manager within three working days of receipt of the test result. Re-testing
may be performed by the same laboratory, or by a second laboratory that meets the
Town's laboratory certification requirements. While the re-test is conducted, the
employee may be placed in an off –duty status with out pay. Proper chain-of-custody
procedures must be followed when transferring specimens. The employee may be
placed in an off-duty status without pay pending the results of the re-test.
D. Any attempt by an employee to circumvent or manipulate the testing and/or
screening process by using pre-tested urine or other urine not then and there
provided from the body of the employee shall be deemed to be a positive test for the
purposes of this policy.
115.10 TEST RESULTS
A. The Human Resources Manager will receive the results of the alcohol and/or drug
tests of employees and applicants;
1. Test results will be held in the strictest confidence. The personal identification of
the employee failing to pass the test will not be communicated to anyone other
than the employee and the appropriate staff member and selected Town
employees, on a need to know basis. For purposes of this section, those with a
need to know will be the Manager of Human Resources, the Town Manager, the
Assistant Town Manger, the Town Attorney, the department director of the
department in which the employee works, and the employee's immediate
supervisor. The information may be released, if required, by court order from any
court of competent jurisdiction. Employees who are tested will be provided with a
copy of the test results if requested in writing. Dissemination of information
relating to the results of any drug test conducted on any employee to any person,
who has no need to know, may result in disciplinary action, including dismissal of
the person disseminating the information.
2. Positive test. Any current employee who tests positive for the presence of drugs
or alcohol in a reasonable suspicion, post-accident, random or periodic/other
alcohol and/or drug test shall be subject to discipline, including dismissal.
3. All records relating to the incident will be maintained by the Human Resources
Department.
.
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115.11 SELF-DECLARATION AS A SUBSTANCE ABUSER
A. Participation in Town employee assistance program. Any employee may identify
him or herself at any time as an abuser of drugs or alcohol and, voluntarily, through
a recognized treatment program approved by the Town, seek counseling and
rehabilitation. In these instances, the employee will be permitted the use of
available leave subject to the provisions of Section 300.00. Employees undergoing
treatment will be required to authorize disclosure of their progress in treatment to
the Manager of Human Resources. Employees who fail to actively participate in
and comply with the rules of the rehabilitation program will be subject to immediate
revocation of their leave and dismissal from employment.
B. A Self-Declaration may not be used to avoid drug or alcohol testing. This section is
not intended to provide a means for an employee to avoid any required drug and
alcohol testing. Once the process of establishing reasonable suspicion has been
initiated, or an accident or injury has occurred, an employee may not seek treatment
in an effort to avoid testing and possible disciplinary action.
115.12 DRUG OR ALCOHOL CONVICTIONS
A. Notification required. Any employee who is convicted of criminal activity involving
the illegal use or possession or distribution of drugs must notify the employee's
supervisor no later than five days after a conviction or after entering a plea of guilty or
no contest. Failure to do so may result in disciplinary action, including dismissal.
B. Conviction during working hours. Employees who are found guilty, plead guilty
or no contest to a violation of criminal drug and alcohol statutes, which occurred
during working hours, shall be dismissed from employment.
C. Other Convictions. Except as provided by Subsection (b), employees who are
convicted of a violation of any drug or alcohol law may be allowed to remain
employed by the Town, depending on the circumstances of their arrest and
conviction, and the nature of their position with the Town. Continued employment
with the Town will be contingent upon the employee's active participation in a
recognized treatment program and the employee's work performance. Any convicted
employee who is allowed to remain employed will be subject to periodic testing as
provided in Section 115.08.
115.13 EMPLOYEE ASSISTANCE
A. Referral. The Town will provide employees with confidential referral for assistance
in resolving or accessing treatment for addiction to, dependence on, illegal drugs or
alcohol. The cost of treatment, counseling, or rehabilitation resulting from referral will
be the responsibility of the employee. The Town's group health plan may provide
benefits for substance abuse treatment.
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B. Leave for treatment. Employee assistance activities, such as referral
appointments, will be treated on the same basis as other personal business or
health matters with regard to use of sick or compensatory leave. Available leave
may be taken as needed.
115.14 FOLLOW-UP TESTING OF KNOWN SUBSTANCE ABUSER
Employees who have completed a drug or alcohol rehabilitation program will be subject to
periodic, unscheduled testing for a period of two years after completion of the program.
Employees who successfully complete treatment for use of drugs or alcohol and
subsequently are found, during working hours, to be in possession of or under the
influence of alcohol or drugs, or test positive at any time will be subject to dismissal from
employment.
115.15 DISCLOSURE OF PRESCRIPTION OR OVER-THE-COUNTER DRUG USE TO
SUPERVISOR
A. Notification required. The Town recognizes that employees may, from time to time,
need to take prescription or over-the-counter medications that may cause the effects
of light-headedness, weakness, dizziness, drowsiness, sedation, loss of coordination,
disorientation, or other comparable side effects. The employee is required to notify
the employee's supervisor prior to reporting for duty if the employee's performance is
compromised or diminished from use of prescription or over-the-counter drugs. It is
the responsibility of employees to request reassignment to other duties, if needed, for
the duration of impairment, or to request the use of available leave. The Town
reserves the right to have a physician of its own choice determine if the medication
produces hazardous effects at the prescribed dosage and may restrict the
employee’s work activity.
B. Failure to notify. Employees who fail to notify their supervisor of such impairment,
and who continue to work, may be required to take available leave, or to perform
other assignments and may be subject to disciplinary action if supervisory
intervention is required.
115.16 EMPLOYEES ON DESIGNATED STAND-BY STATUS OR SUBJECT TO CALL BACK
A. On-call employees. Employees who are designated for "on-call status" are
expected to be free of alcohol or drugs, and available to report to work for the
duration of their on-call status. "On-call" employees who fail to report to a call to duty,
or who report for duty under the influence of drugs or alcohol, may be subject to drug
and alcohol testing and discipline, including dismissal.
B. Emergency duty. The Town recognizes that, in rare instances, employees who are
not designated for call-back may be requested to report for emergency or
unexpected duty. Employees who may be under the influence of alcohol or legally
obtained medication must report this fact to their supervisor and must decline calls for
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emergency duty. In this event, the employee will not be subject to any disciplinary
action or penalty.
115.17 OFF-DUTY CONDUCT
It is not the Town's intent to intrude upon the private lives of its employees. The Town
does, however, reserve the right to take disciplinary action, up to and including dismissal,
in the event that an employee's off-duty involvement with drugs or alcohol is damaging to
the Town's reputation or business, or interferes with the employee's job duties.
115.18 SEARCHES
When reasonable suspicion, as defined by this section exists, the Town reserves the right
to conduct unannounced searches for unauthorized substances anywhere on Town
property, including, but not limited to, lockers, desks, file cabinets, Town vehicles and
employees' personal vehicles parked on Town parking lots. Personal property on Town
premises shall be subject to such searches. All such searches must be authorized and
conducted under the direction of the Town Manager, and the grounds for suspicion must
be described in writing prior to the search. Employees who refuse to cooperate during
unannounced searches shall be subject to disciplinary action, including dismissal.
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116.00 COMMUNICATION AND NEWS MEDIA RELATIONS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
116.01 POLICY/PURPOSE
The Town of Trophy Club is committed to maintaining a positive relationship with the members
of the community governed by the Town’s actions. A critical factor in maintaining this
relationship is effective communication. The purpose of this directive is to guide employees in
the appropriate practices in direct public communications and in response to information
inquiries. It is issued by authority of the Town Manager, who reserves the right to modify,
revoke, suspend, interpret, terminate, or change any provision of this directive with or without
notice.
116.02 GENERAL PROVISIONS
A. The Administrative Services Department is the primary communication agency for
creating and managing the flow of public information between the Town
government, its employees and citizens. Administrative Services may initiate
communications or may assist other Town departments in matters pertaining to the
media, employee and citizen communication, public information requests,
corporate image, and electronic and web broadcasting of public information.
Specifically, Administrative Services provides
1. Strategic message development and placement for Town Manager’s Office and
Town departments,
2. Public affairs assistance to Mayor and Council,
3. Public affairs and communications assistance to Town Manager’s Office and
Town departments,
4. Release of information to employees and citizens,
5. News media relations’ access,
6. Communications coordination in crisis/disaster situations, and
7. Evaluation of press coverage.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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B. Town Spokespersons. The Town Manager is the authorized spokesperson for the
Town of Trophy Club. The Assistant Town Manager and Department Directors
may speak on behalf of the Town on matters within their areas of control.
Department Directors may designate individual employees to handle news media
relations and/or public information requests. In particular situations, such as
making presentations to community groups or at scenes of incidents that result in
on-scene media response individual employees have authority as specified by their
Directors to speak on behalf of the Town in communicating on behalf of the Town,
employees should limit their comments to presenting factual information within
their personal knowledge, and avoid speculation, or making any comments on the
actions taken by or likely to be taken by other employees or departments. Town
employees should not respond to the media if there is a more appropriate
person/expert on the subject matter.
C. Publications. The Town publishes information in print and electronic form to advise
the public of Town programs and services. All Town publications should be timely,
accurate, and understandable. Where necessary for effective communication,
information distributed in print or electronic media should be in languages other
than English. Each department should review its publications on an annual basis
to ensure information is current and complete, and that it does not unnecessarily
duplicate other information published by that department or any other division of
the Town.
D. If an employee receives a request for information that is best supplied by another
department, the employee should not speculate about the operations of another
department, but should refer the requestor to the appropriate department. The
employee should then contact the other department to provide advance notice of
the request for information.
116.03 PUBLIC INFORMATION
A. Unless a more specific statute applies, access to all information collected,
assembled, or maintained by Town employees in the course of their duties is
governed by Texas Government Code Chapter 552, the Public Information Act (PIA).
The Act applies to documents and records maintained in any form (paper, film,
devices that store electronic signals, tape, and voice, data, or video held in
computer memory).
B. Any member of the public may both inspect and obtain copies of government
documents and records pursuant to the PIA. Information exempt from required
disclosure under the Act, includes but is not limited to the following: certain
personal information on employees, information relating to civil or criminal litigation
where the government or an officer or employee of the government is or may be a
party as a consequence of the person’s office or employment, information that
would give an advantage to a competitor or bidder in a competitive bidding
process, certain law enforcement or prosecutorial information, birth records (for up
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to 50 years), death records (for up to 25 years), personal information on
participants in Neighborhood Crime Watch organizations, and certain information
on economic development activities of the governmental entity. Other exemptions
from disclosure may apply in certain situations.
C. Unless the requestor agrees otherwise in writing, all requests for information made
under the Public Information Act must be responded to within ten business days of
receipt of the request. The Town has established rules of procedure for access to
or providing copies of documents and records, including copy costs.
D. Any employee who receives a request for access to documents, records, or other
information under the Texas Public Information Act (PIA) should immediately notify their
supervisor and direct the request to the Town employee designated to handle PIA requests.
In the absence of a designated Town employee , the request should be directed to the
Administrative Services Department.
E. The Public Information Act provides a criminal penalty for failure to comply with a
properly submitted request and for distribution of information that is designated as
confidential under the Act. It also provides a criminal penalty for willful destruction,
mutilation, or removal without permission, or alteration of public information.
Destruction or removal of documents or records of the Town of Trophy Club are to
be made only in accordance with the Town’s Records Retention Schedule.
116.04 ADMINISTRATIVE NOTIFICATIONS
A. When major incidents or crises occur, administrative and/or legal support
procedures are required to be initiated as soon as possible. In addition,
employees who are likely to receive media or citizen inquiries and/or citizen
complaints should be made aware of the incident. Such notifications should be
initiated through the chain of supervision within the involved department as soon
as possible.
B. Major incidents requiring notification are:
1. Death or serious bodily injury to an employee, to any person in a Town facility,
or to any person where death or serious bodily injury is alleged to be caused by
a Town employee,
2. Significant damage to Town property,
3. Significant damage to non-Town property alleged to be caused by a Town
employee,
4. Severe weather conditions or disasters,
5. Events requiring significant deployment of Town personnel and/or equipment,
and
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6. Any other incident or event that is likely to generate significant media or
community inquiries.
C. General Order of Notification: A Telephone Tree or other broad based network
should be used to notify individual employees or departments.
1. Crisis Event
a. 911
b. Immediate Supervisor.
c. Department Manager
d. Department Director
e. Department Public Information Specialist or Designated Spokesperson
f. Administrative Services Department
2. General Event
a. Immediate Supervisor
b. Department Manager
d. Department Director
e. Department Public Information Specialist or Designated Spokesperson
f. Administrative Services Department
116.05 EMERGENCY/DISASTER RESPONSE
A. During emergency situations, the community needs detailed information about
protective action to be taken for minimizing loss of life and property .The Town
provides information on hazard awareness and how to deal with hazards to the
public through publications, public education presentations to the community, and
through the news media.
B. In the course of an actual emergency or disaster when the Town’s Emergency
Operations Center is activated; public information efforts will be provided as
detailed in the Town’s Emergency Preparedness Plan. In a situation where the
Emergency Operations Center is not activated, public information efforts will be
directed by the Town department having primary operational responsibility for the
incident, with assistance from the Administrative Services Department as
necessary.
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201.00 PERFORMANCE AND CONDUCT STANDARDS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
201.01 POLICY/PURPOSE
Our core value starts with a respect for people. The Town values trust, loyalty,
commitment, honesty and avoiding conflicts of interest. We champion innovation,
teamwork, customer focus and continuous improvement. Good communications
provides for good ethics and good business. We expect all employees to treat one
another with courtesy, respect and consideration.
The Town realizes that each employee brings his or her own unique perceptions and
values to the workplace. No matter what these unique perceptions may be, it is up to
this organization to develop and practice an ethical code of conduct by the way we act
and speak while performing our day-to-day job related functions. We encourage the
free exchange of ideas among employees by creating a hostility-free work environment.
The purpose of this policy is not to restrict the rights of anyone, but to define and protect
the rights of all and insure cooperation.
All employees are expected to maintain acceptable standards of conduct, efficiency,
and economy in the performance of their work for the Town. Acceptable standards of
conduct should be maintained both on and off duty in order to promote impartial,
objective, and effective performance of duty, avoid activities that adversely affect the
Town’s reputation or interest, ensure safe and efficient operations, and engender a high
degree of confidence in and support for Town operations. This Chapter, which
describes standards of employee conduct and performance, is not intended to be an all-
inclusive list of prohibited or expected conduct.
201.02 GENERAL PROVISIONS
A. Conformance to Laws. An employee shall obey and shall not engage in any
conduct prohibited by the laws of the United States, Texas, or any other state or
any political subdivision wherein the conduct of the employee occurred. Conduct
in violation of such laws may be cause for disciplinary action without regard to
whether charges are filed or prosecuted.
B. Violation of Rules: An employee shall not commit any act contrary to good order
and discipline, or constituting a violation of any of the provisions of the rules and
regulations of the Town.
1. Ignorance of the rules and regulations does not excuse or justify any violation.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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2. An employee is responsible for his or her personal actions. No employee shall
attempt to shift to another the employee’s responsibility for executing or failing
to execute assigned instructions or responsibilities.
C. Attempts and Conspiracy. Any employee who by act or conduct attempts to
violate, or conspires with any person to violate Town or department policies, rules,
or regulations shall be subject to the same discipline as though the actual violation
had been accomplished.
D. Responsibility for Conduct of Another. An employee is responsible for and
chargeable with the rule, policy, or regulation violation by another if:
1. Acting with the kind of culpability required for the violation, if any, the employee
causes or aids an innocent or non-responsible person in engaging in conduct
prohibited by the definition of the violation;
2. Acting with intent to promote or assist in the commission of the violation, the
employee solicits, encourages, directs, aids, or attempts to aid the other person
in committing the violation; or
3. Having a legal duty to prevent commission of the violation and acting with intent
to promote or assist its commission, the employee fails to make a reasonable
effort to prevent commission of the violation.
201.03 ATTENTION/DERELICTION
A. Attention to Duty. An employee shall remain awake, alert, observant, and
occupied with Town business when on the job. When at work an employee shall
devote his or her time and attention to the business of the Town. An employee
shall not read unauthorized material, play games, watch television or movies, or
otherwise engage in entertainment while on the job, or have such items on his or
her person or at the assigned work location, except as may be required for the
performance of assigned duties. The employee shall not engage in any activity,
which would cause the employee to neglect or be inattentive to assigned duties.
B. Dereliction of Duty. Employees shall perform their job duties fully and without
undue delay. Employees shall perform their job duties professionally, efficiently,
and without unnecessary supervision. Employees shall ensure they are engaged
productively at all times or as directed. Employees shall not perform their job
duties negligently or with inappropriate/deliberate slowness. Employees shall
demonstrate appropriate initiative and dependability in the quality, volume, and
prioritizing of their job duties. Dereliction of duty also includes, but is not limited to:
1. Failure of an employee to immediately report to the supervisor (or other
supervisor not involved) when a violation of laws, policies, rules, or regulations
by either employees or citizens comes to the employee's attention;
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2. Failure of a supervisor to immediately take appropriate action when a violation
of laws, policies, rules, or regulations by employees or citizens comes to the
supervisor's attention, regardless of the supervisor's or violator's assignment or
position in the Town;
3. Failure to observe and follow the rules or standard operating procedures of the
employee's department or the Town; and
4. Failure to secure or report the loss of Town property.
C. Personal Business. No employee shall engage in personal business while on
duty.
201.04 COMPETENCE, JUDGMENT, AND SUPERVISION
A. Competence. An employee shall maintain sufficient competence to properly
perform the assigned duties and responsibilities of the position. The employee's
efforts shall be directed and coordinated in a manner that will tend to establish and
maintain the highest standards of efficiency in carrying out the functions and
objectives of the Town. The fact that an employee was deemed competent at the
time of employment does not preclude a judgment of incompetence as the result of
job performance deficiencies. Incompetence includes, but is not limited to:
1. Failure to achieve and maintain acceptable job proficiency;
2. Failure to accept and execute duties, responsibilities, instructions, and orders
with a minimum of supervision;
3. A written record of repeated disciplinary actions for infractions of policies,
rules, regulations, manuals, or directives; and
4. Repeated adverse counseling reports and/or evaluations reflecting need for
improvement, or indicating performance inadequacies.
B. Judgment. An employee shall exercise appropriate judgment relevant to the
conduct and performance of duty.
C. Supervision. A supervisor shall, in accordance with department management’s
expectations:
1. Demonstrate qualities of leadership necessary for the position;
2. Exercise appropriate supervision of subordinates and responsibilities;
3. Effectively plan, develop, and coordinate supervision and training of
subordinates;
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4. Observe and appropriately counsel subordinates;
5. Take appropriate action when a subordinate fails to perform; and
6. Properly account for all funds and property under his/her control.
201.05 HEALTH FITNESS
A. Fitness for Duty. An employee must be physically and mentally fit to perform
essential job functions.
B. Evaluation for Fitness. When it is suspected that the physical or mental
impairment of an employee constitutes a hazard to individuals or property or may
prevent the employee from effectively performing the essential job functions of the
position, the employee may be required to authorize the Town to have access to
existing medical records and subsequently created records as allowed by law. The
employee may also be required to submit to an evaluation of health fitness for
duty, and/or undergo a program of treatment. Such testing should be coordinated
with the Human Resources Department.
1. The employee will be paid for the time required to take such examination. A
licensed practitioner selected by the Town will conduct the exam at no cost to
the employee.
2. Correction or treatment of conditions diagnosed during this examination and/or
a program of treatment are the responsibility of the employee.
3. If unable or unfit to perform the essential job functions of the position, an
employee is subject to the provisions of the Health Fitness Impairment Chapter
(305.00).
C. Periodic Exams and/or Treatment. An employee may be required to take
periodic special examinations and/or undergo a program of treatment to qualify for
continued employment in the same classification or position.
D. Disclosure Required. An employee who becomes aware of a physical or mental
impairment that may affect the employee’s ability to perform the essential job
functions of the position must inform the department. The department, in
coordination with the Human Resources Department, may require an examination
pursuant to Section B above, and/or authorization for access to and review of
medical records in accordance with these policies.
E. Status During Evaluation. Pending completion of the health fitness evaluation,
the employee may be required to use accrued paid leave, may be placed in an
unpaid leave status, or may be temporarily reassigned.
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201.06 OBEYING ORDERS
A. Insubordination. An employee shall promptly obey and execute any and all lawful
orders of a supervisor, including those relayed from a supervisor by another
employee. A "lawful order" is any order in keeping with the performance of any
duty, issued either verbally or in writing by the department head or any other
supervisor in the employee’s chain of command, prescribed by the various rules
and regulations of the Town, and necessary for the preservation of good order,
efficiency, or proper discipline of the Town and its employees. The willful
disobedience of any order lawfully issued by a supervisor or any mutinous,
insolent, or abusive language or conduct toward a supervisor shall be
insubordination. For the purposes of this paragraph, "supervisor" means any
employee designated to exercise authority in a given situation.
B. Conflicting Orders. An employee who is given a proper order that is in conflict
with a previous order or regulation shall respectfully call attention to such conflict.
If the supervisor giving the order does not alter or retract the conflicting order, then
the order shall stand and, under these circumstances, the responsibility shall be
the supervisor's. In such situations the employee shall obey the conflicting order
unless it is a violation of the law. The employee shall not be held responsible for
disobedience of any order previously issued, and shall thereafter submit a written
report stating the facts and circumstances to the department head, via the
immediate supervisor.
C. Examinations and/or Tests: Upon order of the department head for matters
related to duty performance and investigations authorized by law, an employee
shall submit to any medical, chemical, drug, alcohol, ballistics, or other test,
photograph, fingerprinting, or counseling program, and shall sign any related
authorization forms.
201.07 REPORTING FOR DUTY
A. Unauthorized Absence. No employee may be absent without authorization. This
includes failure to report for work at the assigned time and place or leaving a place
of duty or assignment without proper authorization. This rule applies to any
scheduled activity for which the employee is compensated by the Town.
B. Reporting for Work. An employee shall report for work physically and mentally fit
at the time and place specified by the supervisor and remain physically and
mentally fit throughout the work day. The employee must be properly prepared to
immediately assume and continue the duties, which includes being aware of
information required for proper performance of that work.
C. Reporting Absence. An employee who cannot report for work must notify the
immediate supervisor within the time limits established by the department and give
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a telephone number and address where the employee can be located during the
absence.
D. Personal Appearance. All employees must maintain a neat, well-groomed
appearance and hairstyle and wear any uniform or other apparel in accordance
with individually established department standards.
E. Suspension. No employee may wear a Town uniform, or carry a Town
identification card, or use any Town issued or authorized vehicle or equipment
while under disciplinary suspension.
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201.08 RESPONDING
A. Failure to Respond. No employee shall fail to timely respond to official calls for
service, dispatched calls, notices of assignments, or any other method of direction
to perform at a designated place or by a designated time.
B. Responding to Calls for Service. An employee shall not respond to any
dispatched call for service related to EMS without authorization.
C. Requests for Assistance. When the public requests assistance or advice or
makes complaints or reports, either by telephone or in person, all pertinent
information shall be obtained in an official and courteous manner and shall be
properly and judiciously acted upon consistent with established procedures.
D. Citizen Complaints. An employee shall courteously and promptly accept a
complaint made by a citizen against any employee of the Town, or against any
Town policy or procedure, and attempt to resolve the complaint if possible. If an
employee is unable to resolve the complaint, it must be immediately reported to the
supervisor. An employee must immediately notify the supervisor if the complaint
involves loss or destruction of property, personal injury, alleged criminal or civil law
violation, or any other circumstance the employee determines to justify the
immediate notice.
E. Testimony and Answering Questions. An employee shall truthfully answer all
questions put to him or her by a supervisor and render material requested related
to the employee's duty and conduct and also to the operations and efficiency of the
department and its personnel. For purposes of this paragraph, "supervisor"
includes any employee designated to exercise authority in a given situation.
F. Identification. An employee shall furnish name, job title, and department name to
any person requesting that information as a result of actions taken by the
employee in the performance of official Town business.
201.09 TRUTHFULNESS
A. Departmental Reports, Truthfulness. No employee may knowingly enter, or
cause to be entered, any inaccurate, false, or improper information, or
misrepresent the facts in any Town records or reports, whether such reports are
oral or written. Employees must be truthful at all times in oral or written reports,
whether under oath or not, and no material facts may be omitted or cause to be
omitted from any report.
B. Fictitious Illness or Injury Reports/Deception. An employee must not feign
illness or injury, falsely report to be ill or injured, or otherwise deceive or attempt to
deceive any official of the Town as to the condition of personal health.
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C. Abuse of Process/Withholding Evidence. An employee shall not, at any time,
intentionally manufacture, falsify, destroy, or withhold evidence or information, nor
knowingly or intentionally make any false accusation or criminal charge.
D. Fraudulent Employment. No employee shall procure or maintain employment in
the Town by means of willful misrepresentation or omission of any fact concerning
the employee's personal history, qualifications for employment, or physical
condition.
E. False Report. No employee shall make a false oral or written report or statement,
nor by any means induce another person to do so.
201.10 CONFIDENTIALITY
A. Our clients and other parties with whom we do business entrust the Town with
important information relating to their business. It is our policy that all information
considered confidential will not be disclosed to external parties or to employees
without a “need to know.” If there is a question of whether certain information is
considered confidential, the employee should first check with his/her immediate
supervisor. This policy is intended to alert employees to the need for discretion at
all times and is not intended to inhibit normal business communications.
B. All inquiries from the media must be referred to the Administrative Service
Department.
201.11 FRAUD
A. Interference with Judicial Process. Employees shall not attempt, recommend, or
cause a dismissal, reduction of charges, canceling of a subpoena, or other
disposition of a pending criminal case that has been filed in any criminal court or
before any grand jury, except by written approval of their supervisor. Employees
shall not communicate in any manner, either directly or indirectly, any information
which may assist persons guilty or accused of criminal or quasi-criminal acts to
escape arrest or punishment, or which may enable them to dispose of or hide
evidence of unlawful activity, money, merchandise, or other property unlawfully
obtained.
B. Debts. An employee shall not impair his or her ability to perform as a Town
employee, tend to impair efficient Town operations, or cause the Town to be
brought into disrepute by undertaking any financial obligation which the employee
knows, or should know, cannot be personally met. An employee shall pay all just
debts when due.
C. Incurring Expenses. No expenditure of money may be made or liability incurred in
the name of the Town of Trophy Club or an employee's department unless
approved by an authorized representative of the Town.
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D. Evidence/Found Property. No employee may fail to promptly deliver any
evidence, abandoned property, or confiscated property to the proper authority as
designated by department procedure or Town regulation. An employee may not
convert to personal use, destroy, or remove, except in accordance with established
departmental procedure, any property found in connection with official business.
No employee is authorized to keep or claim such evidence or property.
E. Misuse or Theft of Town Property. No employee shall steal, sell, willfully or
negligently damage, destroy, misuse, lose, or have unauthorized possession of
owned or leased Town property, or use any Town property, services, or
information in an unauthorized manner for monetary gain.
201.12 PROFESSIONAL CONDUCT
A. Unbecoming Conduct and Conduct Prejudicial to Good Order. An employee's
conduct at all times, both on and off the job shall reflect favorably on the employee
and the Town. Unbecoming conduct includes acts that tend to bring the Town into
disrepute, discredit the employee, or tend to impair the operation of the Town or
the employee.
B. Standard of Conduct for Language. We want to build and maintain an
atmosphere where employees can discuss their differences with supervisors and
exchange ideas with co-workers openly, honestly and respectfully. It is imperative
that we are mindful to the fact that inappropriate language often occurs in
conversations or to the fact that not everyone may be offended by inappropriate
language does not make the use of such language right or acceptable.
The use of profane, foul, obscene, insulting, abusive or crude language,
inappropriate jokes, racial slurs, sexual comments, even if spoken in non-standard
English/foreign languages, or the making of verbal threats is considered
disrespectful, demeaning and abusive behavior. This abuse usually causes great
anxiety and stress for the recipient and may give the recipient reason to be
concerned for his/her safety and well being. Vulgar and offensive language can
cause real harm, crosses the boundary of appropriate conduct and may even
disrupt the entire workforce.
Inappropriate language infringes upon equal respect in working relationships and
can cause serious harm to productivity, efficiency and stability. This policy defines
violations against accepted standards of language and conduct in the workplace.
Those violations are defined as:
1. Unwanted, deliberate, repeated, unsolicited profanity, cussing, swearing, and
vulgar, insulting, abusive or crude language;
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2. The making of verbal threats, sexual comments, gestures, graphic materials,
physical contacts, solicitations of sexual favors; or
3. Those who engage in unwelcome name-calling, obscene language or other
abusive behavior, including intimidation by way of obscene or threatening
gestures.
C. Reporting of Arrests and Convictions. An employee shall immediately (or by the
next working day at the latest) notify his or her direct supervisor if the employee
has been arrested. An employee shall immediately (or by the next working day at
the latest) notify the direct supervisor in writing of any charges or complaints being
filed, conviction, probation, adjudication, or deferred adjudication of any criminal or
traffic offense. “Criminal offense” specifically includes, but is not limited to any
offense involving the use, or attempted use of physical force, or the threatened use
of a deadly weapon against a current or former spouse or their parent or guardian,
against a person with whom the employee shares a child, or against a person with
whom the employee is cohabiting or has cohabited.
D. Fighting. An employee shall not engage in argumentative discussions or fighting,
except where authorized by law, even in the face of provocation.
E. Horseplay/Rough Play. No employee shall engage in "horseplay/rough play" or
the playing of pranks while on the job or in any Town facility.
F. Gambling. An employee shall not engage or participate in gambling in any form
while on duty, in uniform, while in any Town facility, or in violation of any law or
regulation.
G. Immoral Conduct. An employee shall maintain high standards of moral conduct in
personal affairs and shall not be a participant in any incident involving moral
corruption, which tends to or does impair the employee's ability to perform as a
Town employee or cause the Town to be brought into disrepute.
H. Unauthorized Memberships. No employee shall become a member with intent to
further its aims of any organization, association, movement, or group which
advocates or approves the commission of acts of force or violence to deny others
their rights under the Constitution of the United States or which seeks to alter the
form of government of the United States by unlawful means.
I. Visiting Prohibited Establishments. An employee, while on duty or in uniform,
shall not frequent, visit, or enter a house of prostitution, gambling house
establishment wherein the laws of the United States or Texas are violated, or a
place whose primary purpose is the sale of alcoholic beverages for consumption
on premises, except in the performance of duties as directed by a supervisor.
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201.13 LABOR ACTIVITIES
A. Labor Activities. No employee shall engage in any form of labor organization or
association activities while on duty or on Town property.
B. Strike. An employee shall not engage in any strike. "Strike" includes, but is not
limited to any of the following when engaged in for the purpose of inducing,
influencing, or coercing a change in conditions, compensation, rights, privileges, or
obligation of employment:
a. The concerted failure to report for duty, willful absence from one's position;
b. Unauthorized holidays;
c. Sickness unsubstantiated by a physician's statement in accordance with
personnel policies;
d. The stoppage of work or the abstinence in whole or in part from the full, faithful,
and proper performance of the duties of employment; or
e. An acceleration of work performance resulting in an unreasonable and
substantial increase in Town activity.
201.14 OTHER STANDARDS
A. Town Auctions. No Town employee or Town official or relative of a Town
employee or official shall be allowed to bid in Town auctions, either personally or
by representative.
B. Firearms and Lethal Weapons. Except for employees commissioned by the
Town of Trophy Club as Police/Peace Officers, Town employees are prohibited
from possessing firearms while on duty or in any Town building or Town vehicle,
regardless of whether the employee possesses a Texas handgun license.
However, employees with a valid handgun license may retain the licensed
handgun in their personal vehicle parked on Town property during their duty hours
or before reporting to or after departing from duty. (Terms used are as defined in
Chapter 46 of the Texas Penal Code.)
Any person who is licensed to carry a concealed handgun and who has the same
on Town property must provide a copy of the license to the Town Manager prior to
bringing such handgun on the property of the Town in accordance with this policy.
C. National Courtesies. While on duty or in uniform employees shall render proper
honors to the United States flag and national anthem at appropriate times.
D. Solicitation. Solicitation is not permitted of or by Town employees during working
hours or within any Town facility without advance approval in writing of the
appropriate Manager, Assistant Town Manager, or the Town Manager.
“Solicitation” is any act or attempt to advertise, market, or sell any product or
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service, or to seek employee membership in any organization, or to obtain a
donation/contribution.
E. Soliciting Co-Signers. An employee shall not solicit any subordinate or
supervisory employees to co-sign or endorse any promissory note or other loan.
F. Telephone and Address. An employee shall report any change of telephone
number or address to the supervisor and the Human Resources Department within
48 hours of such change.
201.15 VIOLATION
The Town may take disciplinary action, including termination against employees whose
performance and/or conduct violates this or other Town policies and practices. The
supervisor should consult the department manager and/or the Human Resources
Manager on such matters.
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202.00 OTHER EMPLOYMENT
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
202.01 PURPOSE/POLICY
The Town recognizes that employees sometimes seek additional employment during
their off hours to earn additional income or to develop new skills and experience.
Despite any outside employment, their Town job is the primary employment
responsibility for full-time employees. Working extended hours may adversely affect the
health, endurance, and productivity of employees. The Town does not consider outside
employment to be an excuse for poor job performance, tardiness, absenteeism, or for
refusal to work overtime or travel when required by the Town. Outside employment can
also cause conflict of interest problems. For these reasons, the Town restricts outside
employment of full-time employees as specified in this Chapter. Overtime liability under
the federal Fair Labor Standards Act (FLSA) may be incurred when employees occupy
a compensated position and are allowed to perform services beyond their allowed hours
without expectation of compensation, the Town therefore places restrictions on
employees working a second Town job, or volunteering for the Town, as specified in this
Chapter.
202.02 OUTSIDE EMPLOYMENT
A. General Permission. Subject to written approval of the department head or
designee, a full time Town employee is permitted to engage in any business, trade,
occupation, or profession that does not:
1. Bring the Town into disrepute;
2. Reflect discredit upon the employee as an employee of a department or the
Town
3. Interfere with the performance of the employee's Town duties;
4. Present a conflict of interest;
5. Result in misuse of Town property or funds;
6. Result in use of the Town position for personal gain; or
7. Violate department policy or procedure.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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B. Prohibitions
1. Department heads are prohibited from engaging in any form of outside
employment except as may be specifically approved in writing by the Town
Manager.
2. Inability to Work for the Town
a. If an employee is on leave for his or her own personal illness or injury, the
employee may not engage in other employment for up to 8 hours after the
normally scheduled shift ends for which he or she failed to report.
b. Outside employment is also prohibited during any periods in which the
employee is on leave that exceeds three (3) consecutive days off for
illness or injury.
c. Employees participating in the Workers’ Compensation Salary
Continuation Program are prohibited from engaging in outside
employment.
3. Exercise of Government Authority. No employee shall engage in any
employment or business where the work performed by the employee or that of
the employee's agents or employees is subject to approval/rejection,
inspection, or licensing by the employee's department, except pursuant to
authorized department policies.
4. No employee shall engage in any employment or business on a matter, which
is or has been the subject of an investigation by the employee's department
within the last 12 months, nor may the employee appear as a witness (except
by court order) in any proceeding as a result of such employment.
C. Approval Process
1. An employee subject to this section must obtain permission in writing from the
department head or designee before accepting any other employment or
engaging in any other business. Permission granted is subject to revocation in
the event of a subsequent known or occurring conflict with this policy.
2. The request for permission to engage in outside employment required by this
section must include the place where the work will be performed, a description
of the type of business and the work to be performed, and the hours and days
of work.
3. An employee who is working another job at the time of hire and who intends to
continue the other employment must so advise the appropriate department
head or designee and receive approval to continue the outside employment.
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D. Working More Than One Town Job. The rules, prohibitions, and approval
process specified in this Chapter also apply to working in a second job for the
Town or working as a volunteer for the Town. In addition, written approval from the
employee’s primary job department head and Human Resources Manager is
required to work in a second job or volunteer for a Town related activity.
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203.00 ETHICAL CONDUCT
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
203.01 POLICY/PURPOSE
Town employees must not engage in any activities, transactions, or relationships that are
incompatible with the impartial, objective, and effective performance of their duties, or that are
adverse to the Town ’s interest, or adversely affect the Town ’s reputation. No employee shall
solicit, accept, or give any gift, gratuity, favor, entertainment, reward, or any other item of
monetary value that might influence, or appear to influence, the judgment or conduct of the
employee in job performance. The Town encourages its employees to fully exercise their
constitutional rights as citizens to vote and participate in political activities, but Town employees
are subject to the restrictions specified in this Chapter relating to use of work time, Town
property, or use of their official status in political activity.
203.02 GENERAL PROVISIONS
A. Employees shall avoid any action, whether or not specifically prohibited, which
might result in or create the appearance of:
1. Using public office for private gain;
2. Giving preferential treatment to any organization or person;
3. Impeding government efficiency or economy;
4. Losing complete independence or impartiality of action;
5. Making a government decision outside official channels;
6. Affecting adversely the confidence of the public in the integrity of the
government; or
7. Connection of the employee's public employment or position with any policy,
practice, standard, position, advertisement, product, or service not officially
sanctioned by the Town. Public employment or position includes the name or
logo of the Town, the name of its departments, or the use of its offices.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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203.03 CONFLICTS OF INTEREST
A. Financial Interests
1. State Law Restrictions. Texas Local Government Code, Chapter 171,
prohibits Town officials, both elected and appointed, from acting as a surety for
a business having a contract with or performing work for the Town, or acting as
a surety for any official bond required of a Town officer. The statute also
restricts voting or decision-making in certain circumstances on matters
involving businesses or real property in which the official or certain relatives
have an ownership interest or receive income.
2. Town Restrictions. No employee shall have a pecuniary interest in any
exchange with, purchase by, or sale of property, goods, or services with the
Town, unless the employee has disclosed the pecuniary interest to the
appropriate department head before any contact with the Town concerning the
transaction. The department head must notify the Town Attorney's Office of the
potential conflict.
a. This prohibition also applies where the pecuniary interest is held by the
employee’s spouse, child, parent, parent-in-law, brother, sister,
grandparent, or grandchild, or other such in-laws.
b. Even if no conflict of interest is determined to exist:
1) Employees shall receive no favor or special concession or
inducement not customarily available and granted by the Town in
such a transaction; and
2) Any discretion by officers or employees of the Town in connection
with any such transaction shall be exercised impartially and upon the
same standards applied to all Trophy Club citizens.
B. Representing Others. An employee is prohibited from:
1. Appearing and serving as a designated spokesman or representative for another person
or persons, or any group or entity, in presentations before the Town Council or any
Town department, agency, commission, or board on a matter related to his or her
duties. This prohibition does not apply to:
a. Appearances or representations made by an employee in the official
discharge of duties;
b. An employee expressing personal views for or against any issue pending
before the Town ; or
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c. An employee representing another employee, or group of employees, to
the extent authorized by the Texas Government Code, Section 617.005,
related to wages, hours of work, terms or conditions of work.
2. Directly or indirectly representing another person, or any group or entity:
a. In any action or proceeding where any law, policy, or procedure of the
Town is in issue;
b. In any litigation in which the Town or any Town department, agency,
commission or board is a party; or
c. In any court action or proceeding that was initiated by a Town officer or
employee in the course of official duties, or in any proceeding in which any
Town officer or employee is a witness.
203.04 USE OF POSITION OR INFORMATION
A. Use of Official Position. An employee shall not use official position, official
identification card, or Town business card for personal or financial gain, for
obtaining privileges not otherwise available to the employee, or for soliciting
donation/contributions, except in the performance of assigned duties or where
authorized by the Town Manager. An employee may not lend official identification
card or Town business card to another person or permit it to be photographed or
reproduced without approval.
B. Use of Name, Photograph, or Title. An employee shall not permit or authorize
use of name, photograph, or official title which identifies the employee as a Town
employee, or permit or authorize the name or logo of the Town of Trophy Club, or
any of its departments or offices, or property of the Town to be used in connection
with testimonials or advertisements of any commodity or commercial enterprise, for
any personal reasons, or for soliciting donations/contributions without the approval
of the Department Head.
C. Disclosure of Information. No employee shall make known any information
concerning an investigation, a known or reported law violation, a condition against
which action is to be taken at a future time, or any proposed law enforcement
action to any person not authorized to receive it. An employee shall treat the
official business of the Town as confidential and shall disseminate information
regarding official business only to those for whom it is intended in accordance with
established Town procedures and consistent with the Texas Public Information
Act. An employee may remove or copy official records or reports from a Town
office only in accordance with established procedures. An employee shall not
promise confidentiality or divulge the identity of a person giving confidential
information, except when authorized by proper authority and necessary in the
performance of his/her work.
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D. Use of Information Systems. An employee shall not use information obtained in
the course and scope of employment, including Town reports, records, files, or
contacts with citizens, to contact any person for any purpose other than official
business.
E. Suggestions Pertaining to Services. An employee shall not recommend or
suggest in any manner the employment or procurement of a particular product,
professional service, or commercial service (such as an attorney, doctor
ambulance service, towing service, plumber, mechanic, etc.) unless permitted by
applicable Town ordinance, when authorized by proper authority, or in the
transaction of personal business.
F. Limitations on Bail. Employees shall not furnish non-cash bail nor act as principal
or surety on any bail bond or bail bond application for any person charged with any
type of criminal offense presented by Trophy Club officers, or arising out of an
incident occurring in the Town of Trophy Club, except for members of their
immediate family (spouse, children, brothers, sisters and parents).
203.05 GIFTS AND GRATUITIES
A. State Law Prohibitions. Employees are prohibited from the following criminal acts
specified in Texas Penal Code Chapter 36:
1. Bribery, which is defined as offering or receiving benefits for acts, decisions,
opinions, recommendations, votes, or discretion (Penal Code 36.02);
2. Coercion of an employee to influence exercise of official power or duty (Penal
Code 36.03);
3. Private communication to improperly influence an employee's official discretion
in an adjudicator proceeding (Penal Code 36.04);
4. Tampering with witnesses, which is defined as offering or receiving benefits or
coercion for false or withheld evidence, eluding legal process, or avoiding
attendance (Penal Code 36.05);
5. Retaliation against an employee, witness, or informant for their service (Penal
Code 36.06); and
6. Gifts from those regulated, inspected, investigated, in custody, in litigation
(actual or planned), or interested in, or likely to be interested in any transaction
involving the employee's discretion (Penal Code 36.08).
B. Town Restrictions. The Town also imposes restrictions on acceptance of gifts
and gratuities by employees. As used in this section, “gift and gratuity” means a
payment, loan, subscription, advance, deposit of money, services, goods,
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merchandise, tickets, cash, present or promised, unless consideration of
substantially equal or greater value is received. "Gift and gratuity" may include any
tangible or intangible benefit in the nature of gifts, favors, entertainment, discounts,
passes, transportation, accommodation, hospitality, or offers of employment.
1. Prohibitions. Unless specifically indicated in this Chapter as permitted:
a. An employee shall not accept nor solicit by request or exhibiting
identification (including wearing of a uniform) any gift or gratuity, including
food or drink for the employee or others from any individual, business
establishment (profit or non-profit), or merchant including, but not limited
to existing or potential vendors or contractors, franchisees, licensees,
and/or customers of the Town.
b. An employee shall not receive under any pretense or seek, ask, or share
in any fee, reward, or other reimbursement or gratuity for the performance
of official duties; and
c. These prohibitions apply equally to receipt or solicitation by the
employee’s spouse, child, parent, parent-in-law, brother, sister,
grandparent, or grandchild.
2. Permitted Gifts and Gratuities. The following activities are permitted:
a. Solicitation or acceptance of anything from a friend or relative unrelated to any
employee duties or Town business and based upon a personal or family
relationship;
b. Participation in the activities of or the acceptance of an award for a
meritorious public contribution or achievement from a charitable, religious,
professional, social, or fraternal organization, or from a non-profit
educational, recreational, public service, or civic organization;
c. Participation in widely-attended luncheons, dinners, and similar gatherings
sponsored by industrial, technical, or professional associations for the
discussion of matters of mutual interest to the Town. Payment by the
Town for attendance by Town employees at such functions is encouraged;
d. Acceptance, not otherwise prohibited by law or policy, of unsolicited
advertising products or promotional material, such as pens, pencils, note
pads, calendars, and other items under nominal value of not more than
$25;
e. Transportation, meals, or accommodations not excessive or extravagant
in nature provided in connection with seeking other employment and not
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otherwise prohibited by this policy. The employee must notify the Human
Resources Manager and the Town Manager;
f. A gift or gratuity extended to the entire Town or an entire department,
extended through and approved by the Town Manager;
g. Acceptance of gifts including, but not limited to services, furniture,
equipment, and materials intended for use by the Town or a department:
1) Gifts valued at $1,000 or less when approved by the department head;
2) Gifts valued in excess of $1,000 when approved by the Town
Manager. Any employee or department representative who is offered
or who receives any item on behalf of the Town or a department will
immediately report the offer or item to the employee’s supervisor.
Where practical, receipt should not be made until a report is made and
approval to accept is obtained,
h. Acceptance of benefits, food, drink, lodging, transportation, or
entertainment not otherwise permitted under this Chapter, but specifically
authorized in writing by the Town Manager or the Assistant Town Manager
for an employee’s group as incident to the normal course of and in
furtherance of Town business. The employee shall file a monthly
disclosure report to the allowing authority for review and indication of
approval.
3. Questionable Cases. When any gift/gratuity is offered to an employee and it
cannot be determined whether the acceptance would be prohibited or
permitted, the employee shall submit the gift/gratuity proposal through the
department head to the Assistant Town Manager or Town Manager for
approval or denial. The proposal must include a description of the gift, name of
the donor (if known), when the gift was received, and explanation of the
proposed disposition of the gift.
4. Denied or Prohibited Gifts or Gratuities. If a gift or gratuity is presented that
is denied by the department head, Assistant Town Manager, or Town Manager,
or is prohibited under this Chapter, the following procedures should be
followed:
a. If the donor is known, the employee must return the gift or gratuity.
b. If the donor is unknown, the employee will deliver the gift or gratuity to the
immediate supervisor, who will donate the gift or gratuity to a non-profit
charitable organization
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203.06 HONORARIA AND EXPERT TESTIMONY
A. Honoraria. Texas Penal Code Sec. 36.07 prohibits employees from soliciting,
accepting, or agreeing to accept an honorarium (whether a one-time fee for one
occasion, duty, or service, or for multiple occasions, duties, or services) from any
non-Town source for services the employee would not have been requested to
provide, but for the employee's official position or duties.
1. The prohibitions include both on-duty and off-duty occasions.
2. Certain transportation, meals, and lodging expenses are permitted by law.
Approval by the department head for such activity, on or off duty, and the
expense reimbursement is required.
3. Honorarium does not include witness fees required by law.
B. Expert Testimony. Employees may not provide expert testimony without prior
coordination and approval of the Town Manager and coordination with the Town
Attorney's Office. Any fee tendered for the appearance of a Town expert witness
may be accepted, if the appearance is approved and coordinated as required.
C. Use of Town Employees, Information or Property. No honorarium or expert
testimony activity may involve use of information or Town property or employees
not available to the general public, unless the Town Manager gives written
authorization that such use is in the public interest.
203.07 POLITICAL ACTIVITY
A. Definitions
1. Political party: A national or state political party or an affiliated organization of
such.
2. Election: Includes primary, special, and general elections.
3. Nonpartisan election: An election at which none of the candidates are to be
nominated or elected as representing a political party, any of whose candidates
for presidential election received votes in the most recent election at which time
presidential electors were selected; and/or an election involving a question or
issue which is not specifically identified with a political party, such as a
constitutional amendment, referendum, approval of a municipal ordinance, or
any question or issue of similar character. This includes Town Council
elections of the Town of Trophy Club.
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4. Partisan election: An election at which any of the candidates are to be
nominated or elected as representing a political party, any of whose candidates
for presidential elector received votes in the most recent election at which
presidential electors were elected; and/or an election involving a question or
issue which is specifically identified with a political party, such as a
constitutional amendment, referendum, approval of a municipal ordinance, or
any question or issue of a similar character.
5. Political purposes or activities: Conduct in the furtherance of nonpartisan or
partisan elections and/or of legislative actions by a governmental body.
6. Employee shall include probationary, regular full-time, regular part-time,
seasonal, temporary, and reserve Peace Officers.
B. Prohibited Political Activities. No employee shall:
1. Engage in political activities:
a. That are a violation of law or that are prohibited by this Chapter;
b. While on duty;
c. While in a uniform or vehicle that identifies the employee as a Town
employee;
d. By use of the employee's official title or status; or
e. In the offices, buildings, or non-public areas of Town property, except for
permitted activities in the furtherance of legislative action authorized by
the Town Manager or the Town Council, in accordance with sanctioned
Town business.
2. Become a candidate for, or campaign for election to:
a. Public office in a partisan election if the employee's principal employment
is in connection with an activity, which is financed in whole or in part by
loan or grants made by the United States or a federal agency;
b. Any elective public office in any election, if the office sought has direct or
indirect contractual relation with the Town of Trophy Club, presents a
conflict of interest with the employee's employment, and the employee
holds a policy-making position with the Town of Trophy Club; (this
restriction does not apply to the offices of justice of the peace or county
commissioner); or
c. The office of mayor or council member of the Town of Trophy Club.
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3. Make, solicit, collect, or receive a political contribution at or in an office or
building of the Town of Trophy Club;
4. Solicit, collect, or receive contributions for candidates, except from members of
an employee organization to which the employee belongs;
5. Use official capacity to influence, interfere with, or affect the results of any
election or nomination for office;
6. Address, appear at, or participate in political gatherings in support of or in
opposition to a candidate when the employee is acting in an official capacity or
with use of the job or duty title or status as an employee;
7. Directly or indirectly coerce, attempt to coerce, command, or advise a state or
political subdivision officer or employee to pay, lend, or contribute anything of
value to a party, committee, organization, agency, or person for political
purposes; or
8. Take an active part in managing the campaign for office of a candidate for
Trophy Club mayor or Town Council.
C. Permitted political purposes or activities. In the capacity of a private individual
and not as a Municipal employee, a private individual may otherwise participate
fully in any other public affairs in a manner, which does not materially compromise
the efficiency or integrity of the employee as an employee, or the neutrality,
efficiency, or integrity of the employee's department, division, or office. Employees
are specifically permitted to:
1. Register and vote in any election;
2. Express opinions as individuals, privately and publicly, on political issues and
candidates;
3. Hold membership in a political party or other political organization and
participate in its activities to the extent consistent with the law and this policy;
4. Attend a political convention, rally, fundraising function, or any other political
activity not in violation of federal, state, or local laws;
5. Sign political petitions as individuals;
6. Make a financial contribution to a political party, organization, or candidate;
7. Serve as an election judge or clerk, except when prohibited by the Texas
Election Code, Chapter 32;
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8. Display campaign signs on the premises of private yards and homes, place
bumper stickers on private vehicles, or wear campaign buttons or badges
when off duty and not in a uniform or vehicle that identifies one as an
employee of the Town of Trophy Club;
9. Become a candidate in an election other than those prohibited in B.2. above;
10. Work in campaign headquarters of Trophy Club mayor or Town Council
candidates, or other candidates;
11. Endorse or oppose a candidate for Trophy Club mayor, or Town Council, or
other office;
12. Serve as an officer of a political party, or a member of a national, state, or
local committee of a political party, or as an officer or member of a committee
of a political club, or be a candidate for any such positions, or campaign on
behalf of, or in opposition to a candidate for any such positions;
13. Organize or reorganize a political party, organization, or club;
14. Organize, sell tickets to, or actively participate in a fund-raising function for a
political party or candidate;
15. Take an active part in managing the political campaign of a candidate for
public Office in an election other than for Trophy Club Mayor or Town Council,
or for a candidate for political party office;
16. Solicit votes in support of, or in opposition to any political candidate;
17. Serve as a delegate, alternate, or proxy to a political party convention;
18. Act as recorder, watcher, challenger at the polls, or drive voters to the polls
on behalf of a partisan political party or candidate
19. Endorse or oppose a candidate in an election for public office in a political
advertisement, broadcast, or campaign literature, except by use of the
employee's job or duty title, or status as an employee;
20. Address a political convention, caucus, rally, or similar gathering except by
use of the employee's job or duty title, or status as an employee;
21. Initiate or circulate a nomination petition or political petition as an individual;
or
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22. Distribute a card or other political literature relating to the campaign of a
candidate.
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204.00 RELATIONSHIPS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
204.01 POLICY/PURPOSE
Employment of relatives presents the potential for conflict of interest problems, charges of
favoritism by other employees, exposure to family discord that may impair the productivity of
the related employees or other employees, problems in scheduling if related employees want to
take time off together, unauthorized disclosure of confidential information, and pressure exerted
on hiring supervisors by other employees, particularly higher-level employees, to hire persons
related to those employees. The Town, therefore, places restrictions on employees who become
related to each other as specified in this Chapter.
Romantic or sexual relationships between employees can create conflicts of interest,
potential for or actual charges of sexual harassment, and/or discord or distractions that
interfere with other employees’ productivity. The Town strongly discourages such
relationships between employees.
204.02 NEPOTISM
A. Nepotism in Employment. Employment of certain related persons by the Town or
within designated Town units is not allowed. The provisions of this Section apply
to current employees. Restrictions on persons who are applying for employment
with the Town are specified in the Hiring and Selection Chapter (103.00).
1. Scope. For the purposes of determining a relative relationship (Nepotism)
only, employee includes probationary, regular full-time, regular part-time,
seasonal, temporary, and at-will employees, temporary agency workers,
volunteers, and reserve Police Officers.
2. Relative. The following relatives are covered by these guidelines:
a. Any person related by blood or adoption as follows:
1) mother or father;
2) daughter or son;
3) sister or brother;
4) grandmother or grandfather;
5) granddaughter or grandson;
6) niece or nephew;
7) aunt or uncle;
8) first cousins
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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b. Any person who is married to any person specified in A.2.a above;
c. An employee's spouse and any person related to the employee's spouse
as specified in A.2.a above.
3. Required Disclosure.
a. All employees are required to disclose a relative relationship as follows:
1) All employees are required to disclose the name and assignment of
any relative (as defined in A.2 above) who is employed by the Town
during the application process for another Town position or, if no
formal application process is involved, to the selecting supervisor
before selection is made.
2) Employees must disclose becoming a relative (as defined in A.2
above) of the Mayor, a Town Council member, or any other Town
employee to their Department Head through their immediate
supervisor within 30 working days of creation of the relationship.
b. Department Heads will consult with the Human Resources Manager to
determine if a restriction specified in this Chapter exists and coordinate
any further necessary actions.
c. Failure to make the required disclosure will render the employees
ineligible for transfer, promotion, or re-assignment alternatives specified in
Section B below.
4. Prohibitions (with the exception of seasonal and temporary)
a. Elected Official Relative. An employee who is or becomes related within
certain degrees to a person who is elected as mayor or council member
may lose eligibility for continued employment. Any such employee shall
have eligibility for continued employment evaluated by the Manager of
Human Resources according to the provisions of the Texas Government
Code, Section 573.062.
b. Executive Relative. If an employee becomes a relative (as defined in A.2
above) of a Council-appointed employee, a Town Manager, or a
Department Head, the opportunity for transfer or reassignment specified in
Section B below is not available. One of the related employees must
resign or be dismissed within fourteen (14) calendar days from the date
the employees became related. If no resignation is tendered within the
fourteen (14) days, the Human Resources Manager will determine, in
coordination with the Town Manager, which of the employees who are
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related will be dismissed. In the case of a council appointee, the Town
Manager will advise the Mayor and Town Council of the violation and, if
the Mayor and Town Council fail to dismiss the council-appointee, the non
council-appointed related employee will be dismissed.
c. Other Employee Relatives. No employees who become relatives of each
other may be employed:
1) In the same organizational unit unless a re-organization approved by
the Town Manager results in:
a) Related employees being placed into the same organizational
unit; or
2) In positions that would place one in the same line of supervision as
the other; or
3) In positions where a condition of conflict would exist.
B. Options for Related Employees
1. If any of the prohibitions of A.4.c above are applicable, and timely disclosure
of the relationship was made, the violation must be cured within 90 days of
the employees becoming related by:
a. Voluntary movement of either or both employees to another open and
available Town position for which the employee is qualified that does not
violate the prohibitions of A.4.c;
b. Involuntary re-assignment of one of the related employees to an available
position of equivalent pay in another department; or
c. Dismissal of one of the related employees.
2. The positions to which an employee may voluntarily move, or be involuntarily
re-assigned as permitted in B.1 above, are subject to position availability and
employee qualifications.
3. If involuntary re-assignment or dismissal is required to cure the violation, the
appropriate Department Head will make the final decision as to which
employee will be reassigned or dismissed if only one department is involved.
If more than one department is involved, the final decision will be made by the
Human Resources Manager with the advice of the Department Heads where
the relatives are employed.
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4. Related employees exempted from the prohibition on relatives in the same
organizational unit under A.4.c. above, may apply and be selected for
promotion, transfer, or reassignment, or may be demoted or reassigned by
management authority within the same organizational unit, so long as the
change does not place them in the same line of supervision or in positions
where a condition of conflict would exist. Subject to Department Head
approval, the affected employees may indicate a preference as to which
employee relative will be selected.
204.03 SUPERVISOR/SUBORDINATE DATING
A. General Provisions
1. The terms “dating” and “romantic relationship” as used in this Chapter
include, but are not limited to casual dating, serious dating, casual sexual
involvement, and any other conduct or behavior normally associated with
romantic or sexual relationships.
2. The restrictions on romantic relationships apply regardless of the sexual
orientation of the employees involved.
3. This policy shall be implemented in a nondiscriminatory manner and the Town
shall take any steps necessary to avoid disparate impact on either sex.
4. This policy applies only to consensual romantic or sexual relationships
between supervisory personnel and those in their chain of command.
Unwanted sexual attention (including physical contact) and sexually oriented
behavior with the purpose or effect of creating an offensive environment is
prohibited. See the Discrimination and Harassment Chapter (114.00).
B. Prohibitions. Supervisory personnel are prohibited from dating or engaging in
romantic or sexual relationships with personnel who are in their chain of command.
1. All romantic or sexual relationships between a supervisor and subordinate
employee must be disclosed by the supervisor to the Department Head or
next highest individual in the supervisory chain of command. If the
relationship involves two supervisors, both are responsible for making
disclosure to the next highest supervisor who is not involved in the
relationship.
2. If possible, the Department Head or executive must take immediate action to
seek reassignment of one of the employees to another shift, another facility,
or another department. If reassignment is possible, the supervisor-partner is
prohibited from having any involvement in the professional decision-making
affecting the non-supervisory partner. If reassignment is not possible, the
supervisor will be terminated.
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205.00 USE OF TOWN PROPERTY AND EQUIPMENT
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
205.01 PURPOSE/POLICY
The Town has a substantial investment in the property and equipment provided for employee
convenience to ease the effective and efficient accomplishment of Town business. Appropriate
use of facilities, equipment, and other items of Town property is expected from employees.
The Town is committed to providing a safe workplace. See the Safety and Accident Reporting
Chapter (109.00) for further information.
205.02 GENERAL PROVISIONS
A. An employee shall use Town equipment in accordance with established
procedures and shall not abuse, damage, or lose Town equipment. Town property
or equipment shall not be used for any personal non-Town business, except as
specified in this Chapter.
B. Employees may be assigned authorized use of Town owned or leased vehicles,
phones, lockers, desks, cabinets, computers, and/or cases for the mutual
convenience of the Town and its employees. These items are subject to
inspection at any time for any reason. Data caches, voice and e-mail boxes, pager
and cellular phone memory banks, and other electronic storage systems provided
by the Town may be “opened,” “read,” or inspected in the same manner as the
contents of Town furnished vehicles, desks, lockers, and other equipment.
C. The Town of Trophy Club, through the Information Systems (IS) Department,
provides computing resources and worldwide network access to designated
employees for conducting the Town’s business. All employees of the Town using
computer and network resources are provided notice of the specific policies
governing the use of such resources, and must act responsibly while using shared
computing and network resources. There can be no expectation of privacy by
any user in the use of the computer and network resources of the Town. Use
of the computer systems in a manner inconsistent with this policy is strictly
prohibited. All messages, Internet material received, software, and the work
product are the property of the Town of Trophy Club and subject to the Texas
Public Information Act with respect to inspection, disclosure, scheduled retention,
and disposition. Specific usage policies and guidelines follow, but may not be all
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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inclusive. Any employee found to be in violation of these policies is subject to
disciplinary action as provided in the Town of Trophy Club’s Human Resources
Manual.
D. An employee shall not, regardless of value, take Town property without
authorization. The use of any Town property, equipment, or facility for personal
gain, or for other than official duty-related use is forbidden. The theft or borrowing
of tools or any other equipment, removing property from a Town work-site,
including new, used or discarded materials, office supplies, photocopy machines,
mailing services, long distance telephone service, or any other service under Town
controls for personal business or gain, or for other than official duty-related use, or
unauthorized use of Town vehicles is prohibited.
205.03 LIABILITY FOR LOSS/DAMAGE TO TOWN PROPERTY OR ISSUED
EQUIPMENT
A. Repayment Required. An employee who causes or permits loss or damage to or
through an act or omission that constitutes misconduct or negligence, excluding
theft, may have to repay the Town for the loss or damage as follows:
1. For any loss or damage, repayment will be determined by the Supervisor and
Manager. The Manager has the discretion to elect to recoup less than the full
amount of damage or loss.
B. "Misconduct" as used in this Section is violation of a rule, procedure, or law.
C. “Negligence” as used in this Section is failure to exercise the degree of care that
an employee with ordinary prudence would exercise under the same or similar
circumstances.
D. Appeal.
1. In cases involving determination of liability by the Supervisor, the Supervisor
will provide the employee with the proposed findings and a copy of any
documents considered in making the determination. The employee may
respond in writing within ten (10) days. The decision of the Supervisor will be
rendered as proposed or as modified within ten (10) days after the
employee’s response. The employee may appeal, within ten (10) days of
receipt of the Supervisor’s decision, to the Department Head over the
employee's department. The decision of the Department Head is final, non-
appealable, and non-grievable.
E. Payroll Deduction. Required repayment under this Section will be made by
payroll deduction from the employee's pay in an amount not to exceed 10% of the
net pay per pay period for as many pay periods as necessary to recoup the
amount to be recovered. If the employee resigns, retires, or is dismissed,
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recoupment of the Town’s loss may be made by deduction from the employee’s
terminal pay.
F. Discipline. Repayment for loss or damage required under this Section may be in
addition to or in lieu of disciplinary action up to termination.
205.04 VEHICLE USE/OPERATIONS
A. Business Use. Except as specified in this Section, Town vehicles are furnished for
official Town business and may not be used for personal reasons without express
written prior authorization by the appropriate Department Head, Assistant Town
Manager, or Town Manager.
B. Town Manager and Assistant Town Manager. The Town Manager and the
Assistant Town Manager may receive a car allowance for business use. Fuel and
oil expenditures as a result of vehicle personal use by the Town and Assistant
Town Manager will not be reimbursed.
C. Other Executives. Directors or Managers, or a similar rank as determined by the
Town Manager, may have a Town vehicle assigned to them or be provided an
automobile allowance as part of their employment consideration. The Town
Manager shall determine which positions have a vehicle assigned or are furnished
an allowance. The amount of the automobile allowance shall be determined by the
Town Manager.
1. Town vehicles may only be used for Town business and transportation to and
from work, unless other use is approved in writing on a case-by-case basis by
the Department Head or Town Manager.
2. The employee must ensure that all required preventive maintenance and
repair work is done on the vehicle. Failure to ensure proper maintenance will
result in discipline up to and including loss of the assigned vehicle.
D. General Staff Vehicles. Town vehicles not assigned to a position as part of a
compensation package are considered to be general staff vehicles. General staff
vehicles shall be assigned to departments by the Town Manager, according to the
needs of the Town. General staff vehicles may not be used for transportation to
and from work unless designated as “on-call” vehicles.
E. On-call Vehicles. Within a department’s allocation of Town vehicles, the
Department Head may recommend designation of "on-call" vehicles for
assignment to particular positions based on the need for frequent emergency
return to work outside regular working hours. On-call vehicles may only be used
for Town business and for transportation to and from work. On-call vehicle
assignments must be approved in writing by the Town Manager's Office.
.
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205.05 ELECTRONIC COMMUNICATIONS SYSTEMS
A. General Provisions
1. Electronic communications systems, as used in this Section include internet e-mail,
telephone, voice mail, facsimiles, pagers, cellular phones, computers and computer
networks, directories, and files.
2. Employees will not have privacy rights with respect to any activities using
these systems. All data, including e-mail messages composed, sent, and
received, is the property of the Town of Trophy Club.
3. The purpose of electronic communications equipment is to enhance the
Town’s accessibility to citizens and improve service delivery. Limited
personal use of electronic communications is acceptable. Department
Directors will determine the level of access assigned to authorized users and
the limits on non-business use in their respective departments.
4. Prohibited activity includes:
a. Engaging in illegal, fraudulent, or malevolent conduct;
b. Transmitting or storing material that is threatening, obscene, sexually
explicit or disparaging of others based on race, national origin, sex, sexual
orientation, age, disability, religious or political beliefs;
c. Obtaining unauthorized access to any computer or data system;
d. Distributing or storing chain letters, solicitations, offers to buy or sell
goods, or other non-business material of a trivial or frivolous nature;
e. Activity used for outside employment or other direct financial profit;
f. Conducting political campaigns or other activity; and
g. Gambling or playing a game for money or other stakes.
5. Electronic communications may be monitored to:
a. Provide a workplace that is free of unlawful discrimination;
b. Control the presence of inappropriate material;
c. Ensure that resources are being used properly; and
d. Investigate complaints of improper use.
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6. Electronic communication is considered a record under the Texas Local
Government Record Act and all electronic documents are subject to retention
guidelines set by the Town’s local government control schedules. Employees
are responsible for maintaining original documents and electronic files
according to departmental requirements.
7. Employees must follow applicable copyright laws. If any doubt exists
regarding copyright status of material, contact the copyright owner to obtain
written permission prior to use.
B. Use of Computers
1. Employees shall have no expectation of privacy in information contained in
any computers on Town premises, whether such computer is owned by the
employee or the Town. Any computer system security features, such as
passwords, do not affect the supervisor’s right to access any information at
any time.
2. Prohibited Computer Related Conduct. Employees are prohibited from:
a. Unauthorized disclosure of Town computer data to another individual,
whether or not the individual is an employee of the Town;
b. Unauthorized creation, duplication, destruction, deletion or alteration of
Town computer data;
c. Sharing or disclosure of computer user Ids and passwords. This applies
equally to an employee disclosing this information, as well as any
employee using it;
d. Unauthorized access or attempting to gain unauthorized access to
physically secured Town computer equipment; and
e. Tampering with office computer equipment in any way, whether physically
secured or not, without prior authorization.
C. Software Regulations.
1. Only Town authorized software, approved by the Department Director and IS
Manager may be used or installed on Town owned computer.
2. All software installed on Town computers will be installed by the IS
department.
3. The software will be licensed and listed on an inventory maintained by the IS
Department.
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4. The use of unlicensed software copies and unauthorized or expired bulletin
board or shareware software is forbidden.
5. Any personally owned software installed on the machine must be
accompanied by the original license and approved by the Department Head
and IS Manager.
6. Software purchased for Local Area Networks (LANs) shall be available only to
the maximum number of simultaneous operators as specified by the license.
Under no circumstances is a Town employee allowed to utilize an application
from the LAN server for which he/she does not have a valid license.
7. Internal controls will be enforced through periodic audits by the IS
Department.
8. Employees are prohibited from giving copies of software that the Town has
acquired to non-Town employees without the written consent from the user’s
Department Director and IS Manager.
9. Employees are prohibited from deactivating anti-virus software on their
workstations and are required to scan all floppy disks prior to use.
D. Global E-Mail Messages. Global e-mail messages are internal communications
sent electronically to all Town employees simultaneously to provide uniform
coverage in matters of interest to all employees.
1. Permitted Subjects
a. Town wide computer and local area network issues;
b. Planned network service by Information Systems;
c. Issues that may affect the health and/or safety of all employees;
d. Information relating to employee policies or benefits;
e. Department events relating to the entire Town workforce; and
f. Other issues as directed by the Town Manager or designee.
2. Authorization. The Information Systems Department will send out global e-
mail messages when they pertain to computer and network related issues
that affect all employees. Any other global e-mail messages must be
approved by the Town Manager.
D. Service
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1. Help Desk. The IS Department provides a primary point of contact for ICS
related issues.
a. Non-critical issues should be reported to the IS Department via CRM.
b. Critical issues maybe reported via voice mail and/or e-mail.
205.06 USE OF RADIO CELLULAR PHONES
A. Employees may, at the discretion of the Town Manager, be paid a cell phone
allowance in an amount determined by the Town Manager. Employees provided
allowances are responsible for supporting a working cell phone and applicable
peripheral equipment for normal business use.
B. Department Responsibility. Department Heads have the discretion of assigning
radio/cellular phone to employees based on the need for high citizen or
employee contact. The IS Department is responsible for contracting and
supporting assigned. radio/cellular phone In addition, the IS Department must
maintain a list of all employees’ phone numbers, verify active service and budget
appropriately. Purchasing and service standards must meet Town requirements
and be coordinated through the Finance Department through the Town’s current
provider. The IS Department is responsible for maintaining phone records for
five years and advising employees of open records procedures. This includes
flat rate plans that do not detail individual calls.
C Employee Responsibility. Employees receiving allowances are responsible for
maintaining a working phone and must provide current phone numbers to their
respective departments immediately upon activating service. If utilizing a Town
issued radio/cellular phone, employees must reimburse the Town for all minutes,
charges and/ fees that exceeds their allotted monthly usage within 30 days of
being billed. The employee will be responsible for the additional minutes, charges,
and/or fees that exceeds allotted monthly usage minutes regardless of whether
those minutes were for personal or business use. In the event the user incurs any
unauthorized charges, said costs, fees or charges shall be the sole responsibility of
the user and not the Town. The employee must report lost or stolen property
immediately to their supervisor. Failure to demonstrate reasonable care in use of
issued phones or allowances may result in repayment to the Town for the loss or
damage as determined by the Department Head and specified in Section 205.03 of
this Chapter.
D. Terminating Employees. No compensation will be awarded for future phone
charges to employees terminating active status.
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205.07 EMPLOYEE IDENTIFICATION/ACCESS CARD PROGRAM PROCEDURES
A. Purpose. The Employee Identification/Access Card program is to provide a safe workplace
for Town employees and a safe environment for visitors by allowing employees to be
easily identified as such while at work, and to enable authorized personnel access to Town
facilities.
B. Card Issuance. All full-time and part-time employees will be issued a photo
identification card during their new hire meeting with the IS Department
C Building Access.
1. Access control will be a function of IS Department. A log will be maintained of
all individuals provided with building access cards. The Department Manager
will decide the level of access needed by each employee.
2 No employee is allowed to loan his or her access card to be used by another.
Security doors will not be propped open with objects and left unattended.
3. It is the responsibility of every member of management to notify the
receptionist of any anticipated visitors. Upon the visitor’s arrival, the
receptionist will notify the appropriate manager and request that the visitor
sign the daily log beside the appropriate entry. All visitors to the non-public
area of Town Hall must obtain a visitors pass to be displayed on their person
the entire time they are in the facility. Upon leaving the facility the visitors
pass must be returned to the receptionist. Employees encountering
unescorted individuals not displaying a pass must immediately notify their
supervisor or any director. Any breach of security must be reported to the
Information Systems Department
D. Card Use.
1. Trophy Club identification cards are issued for “official use only” and are not to
be used for obtaining privileges, or for any personal reasons, without the
approval of employees’ supervisor or as part of a promotional program
approved by the Town Manager.
2. Misuse of Trophy Club identification cards may be grounds for employee disciplinary
action, up to and including termination.
3. It is the responsibility of the employee to ensure that current information is
reflected on his/her identification card.
4. While at work, an employee’s identification card must either be worn or kept
within reasonable access to provide verification of employment. However,
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employees are required to display their identification at all times in and around
Town owned facilities.
5. Access cards are provided solely for the use of the employee to whom it has
been issued. Use of an employee's access card by any other person or
persons shall be grounds for disciplinary action up to and including
termination.
6. It is the responsibility of the employee to immediately report a lost or stolen
card. to the Information Systems Department so the card may be disabled
from the system. Failure to do so may also be grounds for disciplinary action
up to and including termination.
E. Card Replacement and Return.
1. Identification/access cards are the property of the Town, and must be
returned upon termination of employment. Any lost, damaged or stolen cards
must be promptly replaced at a cost of $10.00 per card, which may be paid by
cash, check by the employee.
2. Identification/access cards, stolen, lost or which are damaged on the job may
be replaced without charge at the discretion of their Department Manager if
the loss or damage was not a result of negligence on the part of the
employee.
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206.00 SUBSTANCE USE/ABUSE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
206.01 POLICY/PURPOSE
In order to encourage and support healthy lifestyles, the Town maintains smoke-free facilities
and prohibits smoking and the use of all tobacco products by all Town employees and volunteers
while on duty with the exceptions of breaks. The Town of Trophy Club does not tolerate illegal
drug usage or drug abuse by employees on or off-duty, or by anyone in any Town workplace.
This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance in or away from the workplace.
The Town of Trophy Club recognizes dependency on legal drugs for other than their
intended purposes by employees, or their immediate family members, as a significant
health problem affecting employment and offers short-term counseling and assessment
and referral services for this problem. The Town has a special concern about the use
and abuse of alcohol, because alcohol can affect an employee’s productivity and
efficiency, jeopardize the safety of the employee, co-workers, and the public, and harm
the reputation of the Town and its employees.
206.02 SMOKING AND OTHER TOBACCO PRODUCTS
A. On Duty. Employees and volunteers are prohibited from smoking and using
tobacco products while inside Municipal buildings or vehicles. For the purposes of
this prohibition, employees may only smoke in designed areas on the Municipal
grounds.
B. Off Duty. Except where otherwise provided, off duty employees and volunteers are
subject to the rules applicable to the public in municipal buildings and facilities; no
smoking or use of other tobacco products is permitted within the buildings/facilities.
C. In Vehicles. Smoking and using tobacco products is prohibited:
1. In all Town vehicles at any location. This includes, but is not limited to heavy
equipment and motorcycles and;
2. By employees and volunteers who are on duty in any location in personal vehicles;
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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206.03 ALCOHOL
A. Use of Alcohol on Duty
1. Drinking. An employee shall not drink alcoholic beverages while on duty or in
uniform or while in any Town facility or on Town property.
2. Under the Influence. An employee shall not report for work or be on duty
while under the influence of alcohol.
3. Detectable Level. An employee shall not report for duty or remain on duty
while having an alcohol concentration of .02 or greater for safety-sensitive
positions or .04 or greater for non-safety-sensitive positions.
4. Odor. An employee’s breath shall not have an odor of alcohol.
B. Use of Alcohol Off Duty
1. Discredit to Town /Unfit for Duty. While off duty an employee should refrain
from consuming alcoholic beverages to the extent that it results in obnoxious
or offensive behavior which tends to discredit the Town or the employee, or
renders the employee unfit to report for the next assigned work day.
C. Possessing Alcohol/Alcoholic Beverages
1. Town Premises/Vehicle. An employee shall not bring into or store alcoholic
beverages in any Town premises or vehicle except where authorized.
2. On Duty. An employee shall not possess alcohol while on duty. For safety-
sensitive positions this includes the possession of medicines containing
alcohol (prescription or over-the-counter), unless the packaging seal is
unbroken.
206.04 DRUGS
A. Use of Drugs
1. Notice to Supervisor. When dangerous drugs, controlled substances,
narcotics, or hallucinogens are prescribed for use during work hours, or the
side effects could be experienced during work hours, the employee shall
notify the immediate supervisor. An employee taking any substance, including
over-the- counter medicines, which may interfere with safe job performance
must notify the immediate supervisor.
2. Prescribed Medication. An employee shall not report for duty or remain on
duty when using, under the influence of, or possessing any controlled
substance, unless the substance is a medication prescribed for that employee
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and the employee has been instructed by a physician or dentist that the
substance does not adversely affect the employee’s ability to safely,
effectively, or satisfactorily perform job duties.
3. Over-the-counter Medication. An employee shall not report for duty nor
remain on duty when the employee uses over-the-counter medication that
interferes with the safe, effective, or satisfactory performance of duty or that
the employee should reasonably know has such effect.
4. Illegal Use of Legal Drugs. An employee shall not use or be under the
influence of legal drugs that are being used illegally.
B. Detectable Level of Drugs. An employee shall not have a detectable level of
dangerous drugs, controlled substances, narcotics, or hallucinogens in urine or
bloodstream, except in relation to a valid personal prescription.
C. Drug Trafficking. An employee shall not buy, sell, solicit to buy or sell, transport,
or possess illegal controlled substances or illegal drugs.
206.05 ALCOHOL/DRUG TESTS AND DEPENDENCY DIAGNOSIS
A. Required Tests. An employee must comply with the provisions of the Drug and
Alcohol Tests Chapter (115.00) including, but not limited to:
1. Submitting to a required alcohol or controlled substance test. This includes,
but is not limited to:
a. Providing adequate breath for alcohol testing or urine for drug testing,
except where precluded by a valid medical explanation;
b. Refraining from engaging in conduct that can be reasonably construed as
an attempt to tamper with the blood or urine samples, or any part of the
testing process, such as not signing a consent form or not immediately
removing oneself from one’s position and submitting to testing when
notified; or
c. Making oneself available for a test.
2. Staying in contact with the Town and its medical review officer (MRO) while
awaiting test results;
3. Complying with restrictions on reporting for duty, or remaining on duty, if the
employee tests positive for controlled substances; and
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4. Accepting referral to and following the recommendations of the Employee
Assistance Program (EAP), or medical treatment approved by the Human
Resources Manager after a alcohol and/or drug test result which is positive.
B. Dependency Diagnosis. An employee must follow the recommendations of the
counselor or physician after a diagnosis of alcohol or drug abuse or dependency
that is not made as the result of a Town -required drug/alcohol test.
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207.00 SOLICITATION/SALES ON TOWN OF TROPHY CLUB PROPERTY
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
207.01 PURPOSE/POLICY
Public property, such as Town buildings, facilities, parking lots, grounds and other real property,
is held in trust for the public. It is to be used for governmental purposes and public purposes.
The purpose of this Chapter is to underscore the fact that public property is not to be used for
private gain, unless private gain is merely an incidental result of a use primarily public in nature,
or for the comfort, convenience and benefit of Town employees as public servants.
The purpose of this policy is to provide guidance on what is a "sale or offer of sale"
permissible on public property as serving a governmental or public purpose.
207.02 SALES OR OFFERS OF SALE ON TOWN PROPERTY
Unless otherwise allowed by this policy, solicitation is not permitted of or by Town
employees during working hours or on any Town property. "Solicitation" is any act or
attempt to advertise, market, or sell any product or service or to seek employee
membership in any organization, or to obtain a donation/contribution.
A Town employee may only solicit on Town property as specifically provided in these
policies and/or under the following circumstances:
1. An employee may post items for sale on a bulletin board designated as a
limited public forum by the Town Manager, Assistant Town Manager or
Department Head.
2. An employee may sell fund raising items to co-workers in accordance with
departmental policy. If a fund raising sale is to occur in a location available to
the public and/or multiple departments, the sale must be with approval of the
Town Manager. (Examples: Girl Scout cookies, Passbooks, gift wrap, candy,
candles, and other similar items sold in non-profit fundraising. Other
examples are the Town "soup kitchen," sales in connection with United Way
campaigns and similar sales of goods or services for fund raising purposes.)
3. An employee or other person authorized by Department Head may take or
place orders by, from or for Town employees for Town or departmental logo
items such as shirts, hats, jackets, and promotional items.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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4. An employee may sell goods or services to co-workers in accordance with
Personnel Policies Sec. 202 (outside employment) subject to any limitations
imposed by the Department Head
Activities described in this Policy shall not interfere with Town employees' performance
of their duties. Employees are expected to comply with all Town policies including but
not limited to Attention to Duty and Personal Business. Solicitation on Town property is
prohibited by persons who are not Town employees in accordance with federal, state
and local law regarding use of Town property.
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208.00 WORKPLACE VIOLENCE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
208.01 PURPOSE/POLICY
The Town is committed to providing a work environment that is free from physical
attack, threats and harassing behavior. Given the increasing violence in society in
general, the Town has adopted the following guidelines to ensure a safe workplace and
to reduce the risk of violence. All employees should review and understand all
provisions of this workplace violence policy.
208.02 GENERAL PROVISIONS
A. The Town enforces a zero tolerance policy for workplace violence. It is the
responsibility of each employee to report knowledge of specific incidents. All
threats of (or actual) violence, both direct and indirect, should be reported as soon
as possible to your immediate supervisor or any other member of management.
This includes threats by employees, as well as threats by customers, vendors,
solicitors, or other members of the public.
B. Threats, threatening conduct, or any other acts of aggression or violence in the
workplace will not be tolerated. Any employee determined to have committed such
acts will be subject to disciplinary action, up to and including termination.
C. This list of behaviors, while not inclusive, provides examples of conduct that is
prohibited:
• Causing physical injury to another person;
• Making threatening remarks;
• Aggressive or hostile behavior that creates a reasonable fear of injury to
another person or subjects another individual to emotional distress;
• Intentionally damaging employer property or property of another
employee;
• Committing acts motivated by, or related to, sexual harassment or
domestic violence.
D. The Town encourages employees to bring their disputes or differences with other
employees to the attention of their supervisors or the Human Resources
Department before the situation escalates into potential violence. The Town is
eager to assist in the resolution of employee disputes, and will not discipline
employees for raising such concerns.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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208.03 REPORTING PROCEDURES
A. All reported incidents will be investigated. Reports or incidents warranting
confidentiality will be handled appropriately and information will be disclosed to
others only on a need-to-know basis. All parties involved in a situation will be
counseled and the results of investigations will be discussed with them. The
Company will actively intervene at any indication of a possibly hostile or violent
situation.
1. You should report incidents to your immediate supervisor or any other
member of management.
2. Reports can be made anonymously by calling the Tips Hotline at 682-831-
4669.
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209.00 EMERGENCY MANAGEMENT
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
209.01 PURPOSE/POLICY
Emergency Management is the process of coordinating available resources to combat
emergencies effectively, thereby saving lives, avoiding injury, and minimizing economic
loss.
209.02 GENERAL PROVISIONS
A. Department of Emergency Management Annex Distribution Confidentiality
Agreement and Non-Disclosure Policy
1. Non-Personnel
2 Personnel
a. The Emergency Preparedness Plan for the Trophy Club Entities (“Plan”) is
confidential and shall not be released except as specifically provided
herein. A person who receives a request for all or a portion of the
information contained in the Plan shall submit that request to the Town
Secretary, or her designee, for processing through the open records
request process. No person shall allow access to or provide a copy of all
or any portion of the Plan to any person except as specifically authorized
by the Texas Public Information Act or other applicable law. Release of
any or all of the information contained in the Plan without permission of
the Town will result in criminal charges being filed against any individual
who releases the information. Additionally, a person in possession of the
Plan shall take such actions as appropriate to secure the Plan and the
information contained therein from access by unauthorized persons. The
following is an excerpt from the Texas Criminal Statutes that outlines the
charges and the penalty for improper release of the information.
Texas Penal Code 39.06: Misuse of Official Information
(Selected Sections)
A public servant commits an offense if with intent to obtain a
benefit or with intent to harm or defraud another, he discloses
or uses information for a nongovernmental purpose that he
has access to by means of his office or employment; and
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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(2) has not been made public.
(e) . . . an offense under this section is a felony of the third
degree.
B. In addition to the criminal penalties provided by the Texas Penal Code, release of
information outside of the open records process or failure to properly secure the
Plan is grounds for employee discipline, up to and including termination.
Disclosure of the information contained herein in violation of the foregoing policy
will also subject an employee to both criminal and civil liability.
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210.00 PURCHASING POLICY
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
210.01 PURPOSE/POLICY
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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211.00 DRESS CODE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
211.01 PURPOSE/POLICY
The Town considers it very important you are well groomed, neat, and dressed
appropriately for your job function and, while we trust each employee’s common sense
and good judgment, a dress code must be followed that is appropriate to the work
environment. The Town has adopted a casual business dress code but emphasizes
some positions may call for dressier attire. Appropriate dress and hygiene are
important in promoting a positive image to our residents. We want to stress a Casual
Business Dress Code Policy is a benefit and must be adhered to in order to be retained.
A. Dress Code. There may be times when more customary business attire would be
appropriate, for example, for attendance at Council or Municipal Utility District
Board meeting, when clients are here, when you meet with a resident, vendor or
are representing the Town at an outside community function. Employees who are
hosting or attending meetings with clients, vendors, or employees from another
municipality should wear appropriate clothing, which may include business attire.
This policy does NOT require employees to purchase casual business attire.
Employees who prefer to dress in formal or traditional business attire should feel
free to do so.
B. Personal Hygiene. Well-groomed employees should be aware that it is necessary
to include daily bathing, the use of deodorant and the practice of good dental
hygiene in their personal habits in order to project a professional appearance and
non-offensive work environment.
211.02 GENERAL PROVISIONS
A. The dress code and personal hygiene guidelines apply to all full-time, part-time,
temporary, seasonal, uniformed and non-uniformed employees. Clothing must be
in good condition, pressed, clean, properly fitting, and non-revealing.
211.03 DEPARTMENTAL PROCEDURES
A. Due to the many types of jobs within the Town, several different dress standards
are necessary. An employee should comply with his or her department’s safety
standards.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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B. Uniformed personnel will comply with the dress code established with in their
department.
1. Employees required to wear uniforms and/or specified apparel will be
provided new uniforms and apparel with required insignia upon employment.
Replacement uniforms and apparel will be furnished at the expense of
individual department on an “as needed” basis and per individual department
guidelines.
2. Uniform shirts must be worn buttoned and tucked in at all times. Uniform log
trousers/pants must be worn at all times and be free of rips, holes, or tears.
3. Uniformed employees who terminate employment with the Town must return
all uniforms and apparel issued by the Town in order to receive his/her final
paycheck. Supervisors are responsible for the removal and return of
identifying patches and insignia.
C. Each department determines what type of footwear to be worn based on the safety
needs of the job.
D. In instances where this policy conflicts with department dress codes the more
restrictive policy will apply.
E. The provisions established in this chapter apply in normal work situations;
however, there may be instances where exceptions may be made, including, but
not limited to special work assignments or inclement weather. When a specific
short-term situation dictates or when medical conditions exist, a Department
Manager may authorize exceptions to this policy.
211.04 APPLICATION
A. Managers and supervisors are responsible for interpreting and enforcing dress and
grooming standards in their areas of responsibility. This includes counseling
employees whose appearance is inappropriate. Reasonable accommodation will
be made for employees' religious beliefs and disabilities whenever possible,
consistent with the business necessity to present a professional appearance to the
public. Questions or complaints that cannot be handled to an employee's
satisfaction by his or her supervisor or manager should be taken to the Human
Resources department.
B. Any employee whose appearance does not meet these standards will be
counseled by his/her supervisor or manager. If the appearance is unduly
distracting or the clothing is unsafe, the employee may be sent home to correct the
problem. Repeated disregard for this dress and grooming policy may result in
disciplinary action up to and including termination of employment.
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211.05 GUIDELINES FOR ACCEPTABLE ATTIRE
A. Choose business casual clothing that communicates professionalism.
B. Take your workday schedule into account when you are dressing. Casual
business attire means clothing that allows employees to feel comfortable at work,
yet appropriate for an office environment. Casual business attire for Non-
Uniformed Employees includes, but is not limited to:
1. Men’s Acceptable Attire
• Business suits/Dress slacks/Neckties
• Khakis/Docker style pants/slacks/corduroys
• Sport coats/Blazers/Cardigans/Vests
• Collared long/short sleeved shirts (including denim) both pullover/button
down
• Polo/Knit type shirts
• Sweaters with shirt underneath
• Turtlenecks/Banded collar shirts
• Dress/Casual socks
• Oxfords/Wingtips/Loafers/Topsiders/Boots
• Jeans (not blue in color) appropriately fitted, not frayed, faded or with holes
2. Women’s Acceptable Attire
• Suits/Dresses/Skirts (including denim) no shorter than 4 inches above the knee
(the knee being defined as beginning at the center of the kneecap)
• Pantsuits/Dress slacks/Khakis/Docker style pants/Corduroys
• Sweaters/Blouses/Polo/Knit type shirts
• Blazers/Vests
• Stirrup pants with tunic tops/sweaters
• Hose, Stockings/Tights/Dress or Casual socks must be worn when skirt or dress
is above the knee
• Pumps (open/closed toed)/Heels/Dress sandals/Flats/Loafers/Boots
• Capri style pants
• Jeans (not blue in color) appropriately fitted, not frayed, faded or with holes
Again, these lists are provided for illustrative purposes only and not for the purpose of limitation.
211.06 GUIDELINES FOR UNACCEPTABLE ATTIRE
A. The Town wishes to provide a work environment that is free of safety hazards,
offensive behavior and harassment of any kind. In keeping with the current dress
code, the need for proper appearance from all staff is expected. Therefore, the
following guidelines of dress are unacceptable from all employees:
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1. Clothing should be worn and fit in such a manner that it does not expose the
abdomen, chest or buttocks areas.
2. Clothing should be free of sexually related references, foul language, or
suggest or promote the use of illegal drugs.
4. Clothing, to include jewelry and hair, should not be loose or dangle in such a
way that it creates a safety hazard.
5. Body piercing jewelry will only be worn on the ear. No other areas of the
body should be visible with body piercing jewelry.
6. Tattoos must be appropriate in content and in keeping with a professional
image.
7. Do not wear tank tops, halter tops, beachwear, shorts, spandex or other form
fitting pants, work-out attire, thongs or slippers, distracting, offensive or
revealing clothes on ANY DAY OF THE WORK WEEK.
B. Non-Acceptable business attire includes, but is not limited to:
1. Men’s Unacceptable Attire
• Athletic/Workout Wear/Jogging/Wind Suits
• Sweat shirts/Pants
• Sleeveless Shirts/Muscle/Tank Tops/T-Shirt (plain or decorated)
• No socks
• Canvass shoes/Hiking/Military style boots/Clogs/Sandals/Flip-flops
• Beach Clothing/footwear
• Bare midriff
• Shear/See-through/revealing/provocative clothing
• Faded/frayed/cut off clothing or with holes
• Clothing with offensive terminology/graphics
2. Women’s Unacceptable Attire
• Suits/Dresses/Skirts shorter than 4 inches above the knee
• Dresses with halter tops/spaghetti straps/off shoulder/low cut/strapless
• Split-skirts/slit skirts with the slit higher than mid knee/Skorts/Shorts (any style)
• Jeans (blue in color)
• T-shirts (plain or decorated)
• Tank/low cut/backless/shoulderless tops
• Athletic/Workout Wear/Jogging/Wind Suits
• Sweat shirts/pants
• Leggings (spandex/form fitting)
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• Beach clothing/footwear
• Bare midriff
• Shear/see-through/provocative/revealing clothing
• Faded/frayed/cut off clothing or with holes
• Clothing with offensive terminology/graphics
Again, these lists are provided for illustrative purposes only and not for the purpose of limitation.
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301.00 COMPENSATION
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
301.01 POLICY/PURPOSE
The Town’s compensation philosophy is to maintain a competitive pay structure for the purpose
of recruiting and retaining an effective and efficient workforce. The pay structure is designed to
pay employees what jobs are worth, ensure appropriate movement through the salary range for
that classification, and recognize performance through merit increases (where applicable). The
pay plan is designed to comply with both state and federal laws, including the Fair Labor
Standards Act (FLSA). The Town also offers a variety of other categories of pay as specified in
this Chapter.
301.02 PAY SYSTEM
A. Pay Period. The Town has a 14-day pay period that begins every other Sunday.
Employees are paid biweekly on the Friday after the end of the pay period. When
a payday falls on an official Town holiday, employees will be paid on the preceding
Thursday.
B. Position Classification and Pay Plan
1. The Town classifies positions within eight job families:
• Executive
• Managerial
• Professional
• Administrative/clerical
• Information systems
• Police uniformed service
• Fire uniformed service
• Laborer/Maintenance
Within each job family, positions are periodically evaluated to ensure internal equity that fairly
and objectively reflects the value of each position relative to other positions within the Town.
2. All employees are compensated based on the provisions of the Performance
Pay Plan and/or alternative plans that are funded on a fiscal year basis at the
option of the Town Council.
3. The Town Manager may establish other pay classification categories.
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Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
C. Rates of Pay
1. Regular Rate. The regular rate of pay for each employee is that amount the
employee is designated to receive within the salary range for the employee's
job classification. The rate of pay does not include certification pay, FTO pay,
nor car, clothing, or any other type of special allowance.
2. Overtime Rate. The overtime rate of pay is one and one-half (1.5) times the
regular rate of pay plus any additional acting status pay the employee is
eligible to receive.
D. Payroll Deductions. Initial and continued employment with the Town is conditional
on employee agreement to deductions from pay as specified in this Section.
Deductions will be made as follows:
1. When required by law;
2. When available to all regular Town employees with individual employee
consent and Town Manager approval;
3. As payment for a fringe benefit or special program authorized by the Town
Manager and offered with Town participation;
4. As re-payments to the Town for reasons specified below: (Except for final
paychecks, the time of re-payment will equal the period in which payments
were made.)
a. Erroneous payment made by the Town to an employee;
b. Loss or damage to Town property or issued equipment;
c. Theft of Town property, equipment or money;
d. Failure to comply with the conditions of the Tuition Reimbursement
Program (Section 307.03 F); or
e. Non-equipment loss or damage costs such as expense accounts,
personal calls, excessive radio/cellular phone charges and fees, and court
costs associated with a judgment for the Town.
301.03 OVERTIME PAY LIABILITY
A. Non-Exempt Employees. The federal Fair Labor Standards Act (FSLA) requires
that the Town compensate all non-exempt, other than sworn employees of the fire
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and police departments, overtime pay or overtime compensatory leave for all hours
worked in excess of 40 during a seven-day work period. Sworn employees of the
police department are entitled to overtime pay or overtime-compensatory leave for
all hours worked in excess of 80 hours in a 14-day work period. Management
reserves the right to adjust typical work schedules with a 30-day notice. 24-hour
firefighters are entitled to overtime pay or overtime-compensatory leave for all
hours worked in excess of 212 hours in the 28-day work period pursuant to
Section 207(k) of the Fair Labor Standards Act. Working of overtime hours must be
approved in advance by the appropriate supervisor.
Compensation is at the rate of 1 1/2 times the number of hours worked.
Compensation may be either pay or compensatory time. The supervisor decides
which type of payment is appropriate. Supervisors may grant compensatory leave
at the rate of one and one-half times the actual overtime hours worked, if
determined that the leave will not be unduly disruptive to the department.
1. Paid and Unpaid Leave in Calculating Overtime for Non-Shift Personnel. For the
purposes of calculating overtime hours; holiday, vacation, personal leave and jury
duty are considered time worked. Bereavement, sick leave, FML and compensatory
leave are not considered time worked. An employee is charged with paid leave only
on days the employee would otherwise have been permitted to work.
2. Paid and Unpaid Leave in Calculating Overtime for Shift Personnel. For
the purposes of calculating overtime hours: vacation, personal leave and jury duty are
considered time worked, holiday. Bereavement, sick leave, FML and compensatory
leave are not considered time worked. An employee is charged with paid leave only
on days the employee would otherwise have been permitted to work.
3. Adjusting Work Hours. Each supervisor is expected to manage work hours
efficiently and effectively. When a supervisor allows or requires a non-
exempt employee to work extra hours, the supervisor shall make reasonable
efforts to arrange the employee’s work hours during the work period so that
liability for overtime pay does not result. This may be accomplished by
balancing the employee’s hours during the week; for example, if the
employee works two (2) additional hours on one day, two (2) hours authorized
leave without pay shall be given another day in the work period. It may also
be done by adjusting leave shown on payroll system entries; for example, an
8-hour per day employee who works two (2) additional hours on Monday, and
has vacation scheduled the next day, would be shown on the payroll system
as working 10 hours on Monday, taking 6 hours vacation leave and 2 hours
Authorized Leave without pay on Tuesday.
4. Overtime Authorization. An employee shall not be permitted to work
overtime unless authorization has been given by the Department Head.
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B. Exempt Employees. Employees who are specifically exempt from overtime
payment under the FLSA are paid on a salary basis that is intended to compensate
them for all hours worked and are therefore not eligible to receive overtime pay for
additional hours worked over 40. Extra hours of work are generally common for
exempt employees, but these employees do not record overtime hours nor
accumulate compensatory time. Exempt employees may take time off from work
in recognition of extra hours worked, upon approval of the Town Manager,
Assistant Town Manager or Department Head, whichever is applicable.
301.04 OTHER PAY CATEGORIES
A. Call-Back. Call-back is an unscheduled or emergency return to work outside of
officially scheduled work hours at the request of a supervisor. It does not include
additional hours of work scheduled in advance.
1. Minimum Call Back Pay. A non-exempt employee who is called back to
work outside of the scheduled work hours will be paid at the overtime rate for
a minimum of two (2) hours, regardless of actual hours worked, if the call
back does not merge with the employee’s scheduled work time. Employees
who use their private car will be paid per mile from home to Trophy Club and
back using the current IRS mileage rate.
2. Exempt employees are paid on a salary basis for all hours worked and are
therefore not eligible for call-back pay.
3. Police and Fire personnel will comply with the call back provisions of the
standard operating procedures established by their department if defined.
B. On Call Pay. To provide “on call” compensation to an employee who maintains
his/her availability during off-duty hours to come back to work to perform
emergency or needed procedures. Supervisors will assign primary and secondary
employees (if required) to work regular rotating schedules. An employee is on call
when the employee is able to do his/her own personal business, but is required to
carry a pager or radio/cellular phone in order to reached in case of an emergency.
This employee is required to report to duty in fit physical and mental condition.
1. On Call Pay. On call pay will be included in the employee’s overtime rate in
compliance with FLSA. Overtime for the called out hours will be subject to
the “Hours Worked” sections of this policy.
2. On Call Premium Pay. In addition to receiving pay for called out hours
worked, the employee will receive on call premium pay while in 1st and 2nd call
status.
a. 1st On Call Premium Pay. Non-exempt employees, who are assigned “1st
on-call” for a week’s time period, will be paid $80.00 on-call premium, and
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will be paid per mile from home to Trophy Club and back using the current
IRS mileage rate. During Thanksgiving and Christmas week., non-exempt
employees, who are assigned “1st on-call” for a week’s time period, will be
paid $160.00 on-call premium, and will be paid per mile from home to
Trophy Club and back using the current IRS mileage rate.
b. 2nd On Call Pay. Non-exempt employees, who are assigned “2nd” on-call”
for a week’s time period, will be paid $60.00 on-call premium, and will be
paid per mile from home to Trophy Club and back using the current IRS
mileage rate. During Thanksgiving and Christmas week, non-exempt
employees, who are assigned “2nd” on-call” for a week’s time period, will
be paid $120.00 on-call premium, and will be paid per mile from home to
Trophy Club and back using the current IRS mileage rate.
C. Longevity Pay. Longevity pay may be paid to regular full-time employees to
recognize an employee’s contribution to the Town for each completed year of
service.
1. Part-time employees working 20 hours or more will receive half the amount as
regular full-time employees, for each month of completed service. Temporary
and seasonal employees are not eligible for longevity pay.
2. Every December longevity compensation will be paid annually with a separate
check. Employees must be employed the day paychecks are issued.
Employees who completed the 12-month requirement will be paid for those
months when the 24-month paycheck is issued.
3. Longevity compensation is under the FLSA rules and will be subject to regular
tax and TMRS (Texas Municipal Retirement System) deductions.
4. Paid leave is counted as active service in calculating longevity pay.
5. Based on funding available, longevity pay is equivalent to $5.00 per
completed month of service up to 60 months, and $7.50 per completed month
from 61 or more months, up to $2,000.00 maximum
6. A partial month in which an employee begins work between the first and the
fifteenth day of the month shall be considered a full month; a month in which
an employee begins work on the sixteenth or later shall not be counted for
longevity pay.
7. Longevity pay is based on the number of continuous service with the Town. If
a break in service occurs, longevity will accumulate from the new hire or
reinstatement date and will not include prior service. After one full year of
service, an employee will qualify for “bridging of service” at which time the
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prior years of service shall be included with the calculation of longevity pay
the following year.
D. Assignment Pay. Employees may receive additional pay for particular job
assignments irrespective of other assigned duties or pay. The Manager must
complete a Personal Change Notice (PCN).
E. Out of Class Pay. Employees who are temporarily re-assigned to perform the
duties of a higher classification, as specified in the Reassignment Section of the
Employee Status Changes Chapter (Section 104.04), will receive a compensation
increase for the duration of the temporary assignment as specified in this Section.
1. All Other Employees. Any other employee will, at the discretion of the
Department Head with Town Manager approval, receive a salary between the
minimum and mid-point of the range for the acted-in classification.
2. In determining the appropriate range, continuation of eligibility for any other
pays, or loss of any other pays due to the temporary assignment will be
considered.
F. Incentive Pay. An employee, who obtains specialized certification that is
recognized by the Town as beneficial to the Town or to the performance of the
employee’s duties but not required for performance of the employee’s duties, will
be paid a flat monthly rate, in additions to the employee’s regular pay. The rate of
payment for incentive pay and eligibility to receive incentive pay will be established
through adoption of the annual operating budget. Manager level positions and
above are not eligible to receive incentive pay.
1. 2004-05 Incentive Rates. 2004–05 Rate Sheet
2. Application. The Manager must complete a Personal Change Notice. (PCN)
G. Terminal Pay
1. Resigning/Retiring Employees. Subject to the requirement to give written
notice specified in the Resignation/Retirement Section of the Termination of
Employee Status Chapter (105.00), full-time employees with more than six
months active full-time service credit will be paid at the base rate for all
accrued vacation leave upon resignation or retirement. Full-time employees
with less than 6 months active full-time service credit are not paid for any
2. Dismissed Employees. Dismissed employees are paid for accrued vacation
leave, not to include the personal day, on the same basis as resigning
employees. If an employee is reinstated as the result of reversal of the
dismissal on appeal, any leave balance paid on dismissal is forfeited; any
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leave balance not paid for on dismissal will be restored and the employee’s
length of service credit for the purpose of vacation leave accrual rate and any
pay that is based on length of service credit will be restored.
3. Deceased Employees. See Death Benefits Section of Non-Leave Benefits
Chapter (307.00).
4. Final Paycheck Deductions. Deductions from the terminal pay paycheck will
be made for the same purposes as from a regular paycheck. In addition, any
applicable deductions authorized in Sec. 301.02 D will be made.
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302.00 PAID LEAVE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
302.01 PURPOSE/POLICY
As specified in this Chapter, the Town provides several paid leaves to full time
employees, including holiday, vacation and sick leaves, as well as other leaves as
described in this chapter.
The Town does not provide short-term disability benefits for illnesses or non-duty-
connected injuries. Employees should responsibly manage balances of accrued
vacation and sick leave to minimize the chance that no paid leave will be available in
case of temporary non-work-related disability.
302.02 GENERAL PROVISIONS
A. Paid leave may be used only in lieu of regularly scheduled work hours.
B. Paid leave cannot be advanced.
C. Except as specified in this Chapter:
1. Approval of any paid leave is subject to operational requirements of the
department, and any request for paid leave may be denied or rescheduled
due to staffing needs and work scheduling of the department.
2 All requests for leave must be submitted in writing by completing a Time off
Form, police personnel need to complete an Application for Overtime.
3. All requests for leave must be submitted within the time designated by the
department or in absence of any such deadline, as specified in this Chapter.
4. Unauthorized absence on the day immediately before or after a day of
authorized paid leave will result in forfeiture of the pay for the authorized day
off.
D. Leave designations cannot be retroactively changed except as specifically
authorized in this manual or unless authorized in writing by the Department Head
or his/her designee.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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302.03 HOLIDAYS
A. Eligibility. All full-time employees in a paid status are granted paid holiday leave
for the 10 days listed in this chapter. Every other employee is extended the
official holiday, but without pay. Temporary, seasonal, and part-time employees
will be paid their regular rates on a holiday only if required to work.
1. Holidays.
* New Year’s Day January 1
* Good Friday Friday before Easter
* Memorial Day Last Monday in May
* Independence Day July 4
* Labor Day 1st Monday in September
* Thanksgiving 4th Thursday and Friday in November
* Christmas December 24 and 25 (at Town Manager discretion)
MLK Birthday/Personal Day 3rd Monday in January (or to be determined by
supervisor)
* Designated Town Holidays
B. Amount. For pay administration purposes, a holiday is the equivalent of 8 work
hours. Further information for employees authorized to work Alternative Work
Schedules is available in the Work Hours Chapter (106.00).
C. Scheduling
1. Monday Through Friday Operations. In segments that are operational on
Monday through Friday only, single day holidays that fall on Saturday will be
observed on the preceding Friday, and those that fall on Sunday will be
observed on the following Monday. If Christmas Eve falls on Friday, the
Christmas holiday will be observed on the following Monday. If Christmas
Eve falls on Sunday, it will be observed on the following Monday, and the
Christmas holiday will be observed on Tuesday. To receive holiday pay, an
employee shall have worked his or her last scheduled day before and the day
after the holiday unless excused by the appropriate supervisor.
2. Shift Personnel. Patrol Services working eight (8) hours and Firefighters
working twenty four (24) hour shifts do not observe the Town’s nine (9)
designated holidays, rather they will be compensated in a lump sum for 9
holidays at 8 hours a holiday.
a. Holiday compensation will be paid for holidays occurring during the time of
employment.
b. Holiday compensation for the current calendar year holidays will be issued
on a separate check every year in December.
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c. Holiday compensation is under the FLSA rules and will be subject to
regular tax and TMRS (Texas Municipal Retirement System) deductions.
d. Accrued Holiday compensation will be paid upon termination of
employment and will be included in the employee’s final paycheck.
D. Other holidays. A Department Head or designee may grant use of accrued
leave, except for sick leave, to an employee who wishes to observe a national or
religious holiday not officially observed by the Town. If no accrued leave is
available, an employee may be granted authorized leave without pay. Such
leave must be requested at least 2 weeks before the requested holiday.
E. Effect of Other Leave
1. An official holiday occurring during other paid leave will be documented as a
holiday on the payroll.
2. An employee scheduled to work on an official Town holiday who is unable to
work due to illness will be charged sick leave and will be allowed to re-
schedule the holiday within the time limits specified in Section C.2 above.
F. Upon termination, an employee will be paid for all holidays not re-scheduled or
paid for as provided in C.2 above.
302.04 VACATION
A. Accrual. All full-time employees in a paid status accrue vacation leave at the rate
listed in this Chapter.
1. Retirement, resignation, or dismissal constitutes a break in continuous active
service for vacation accrual purposes. An employee who is re-hired after
retirement, resignation, or dismissal begins active service anew for the
purpose of determining the paid vacation leave accrual rate.
2. Although an employee in unpaid leave status does not accrue paid vacation
leave, unpaid leave status does not constitute a break in service for vacation
accrual rate determination purposes. An employee returning to work from
unpaid leave status will resume paid vacation accrual at the rate provided for
based on credited service before and during the unpaid leave.
B. Use. All full-time employees may be granted use of accrued paid vacation leave
according to the following:
1. Accrued vacation leave may be used for attending to personal business, for
extension of another paid leave, for leave under the Family and Medical
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Leave Act, for supplementing weekly workers' compensation benefits, or for
inability to report to work because of bad weather when the Town is not
officially closed. Accrued vacation leave may also be used for other purposes
at the discretion of the employee and with approval of the Department Head.
2. Except for emergencies, or as permitted for Family and Medical leave
purposes, requests for vacation leave should be made 30 days before
anticipated use, by submitting a Time Off Form to your supervisor, unless
published department regulations provide otherwise. The Town will endeavor
to grant the scheduling requests of the employees as near as the needs and
requirements of the Town will permit, giving due consideration to the
employees’ seniority in the event of a request for the same vacation time by
tow or more employees.
3. Use of accrued vacation may be granted in quarter-hour increments.
4. Accrued vacation leave may not be taken during the first six (6) months of
employment.
5. Vacation must be used in the fiscal year that it is issued. Upon approval of
the Finance Director an employee may roll 48 hours into the next fiscal year
6. If possible all vacation time for the upcoming year should be placed on the
books at the beginning of the fiscal year. Vacation requests are required to
be submitted 30 days in advance or as approved by the employee’s
immediate supervisor. The Municipality will endeavor to grant the scheduling
requests of the employee as near as the needs and requirements of the
Municipality will permit, giving due consideration to the employee’s seniority in
the event of a request for the same vacation time by two or more employees.
If an employee uses all his/her vacation and then is terminated prior to the
end of the fiscal year, unearned vacation will be charged against the
employee’s final paycheck.
C. Unused Accrued Leave. On termination of employment, employees may be
paid for unused accrued vacation leave as specified in the Terminal Pay Section
of the Compensation Chapter (Section 301.04 G).
D. Vacation Accrual.
After Years of Continuous
Active Service Days
1 – 5 10
5 – 10 15
10 + 20
E. Once a resignation or retirement notice is given by the employee then vacation
cannot be taken for the duration of the notice period to the end of employment.
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302.05 SICK LEAVE
A. Accrual. Maintaining good attendance is a condition of employment and an
essential function of every job. To minimize the hardship that may result from
illness or injury, the Town provides sick leave benefits. All full-time employees in
a compensated status accrue paid sick leave at the rate of accrual listed in this
Chapter.
B. Use. All full-time employees may be granted use of accrued paid sick leave
according to the following:
1. Accrued paid sick leave may be used for doctor appointments, personal
illness, or other physical incapacity of an employee. A limited amount of sick
leave may also be used when serious illness or injury in the employee’s
immediate family requires it, provided appropriate supervisor approval.
Accrued paid sick leave may also be donated to another employee under the
Extended Sick Leave Program.
2. Requests for use of accrued sick leave should be submitted to the immediate
supervisor, by completing a Time Off Form, as early as possible for
foreseeable incapacitation and no later than the earlier of one hour after the
time set for beginning work, or within time limits established and published for
the department for unforeseeable incapacitation.
CONFLICTS WITH 1 HOUR BEFORE SHIFT IN SECTION BELOW
3. Use of accrued paid sick leave may be granted in quarter-hour increments.
4. Accrued sick leave may be taken during the first six (6) months of
employment.
5. If an employee becomes hospitalized or confined to bed by a physician's
orders during vacation leave, the time will be charged to sick leave or FML
leave only if the employee provides a physician's written statement confirming
the medical restriction.
6. When accumulated sick leave has been exhausted, accrued paid vacation
leave may be used in cases of personal illness or physical incapacity with
approval of the Department Head. See also Catastrophic Leave Program
provisions of this Chapter (Section 302.05 D) and the Health Fitness
Impairment Chapter (305.00).
7. See also the Health Fitness Impairment Chapter (305.00) and the Family and
Medical Leave provisions in the Unpaid Leave Chapter (303.00) for further
information.
C. Inappropriate Use or Abuse of Sick Leave. Inappropriate use or abuse of sick
time is very costly to the Town and will not be tolerated. Examples including but
not limited to;
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1. When an employee uses sick leave for unauthorized purposes or
misrepresents the actual reason for the absence.
2. When usage of sick leave, not protected by law, becomes so frequent that an
employee cannot fulfill the essential job functions.
3. Where employees’ excessive absenteeism disrupts the work flow and causes
the department to incur unscheduled overtime because others have had to
carry the extra workload.
4. Patterns in absenteeism defined as a frequent, predictable and/or observable
action that repeats itself over time, ie. occurrences repeated taking off around
regularly scheduled weekends or holiday.
a. The Town may require that an employee submit a statement from a
physician or to be examined by the Town-designated physician in an
instance at its discretion where abuse is suspected
b. Repeated absenteeism or tardiness that is unexcused, in judgment of the
Town is grounds for disciplinary action, up to and including termination.
D. Required Documentation and Notification. Employees must notify their
supervisor at least one (1) hour prior to the start of your shift on each day of your
absence. Failure to properly notify your supervisor within the prescribed time
limit is considered an unexcused absence, which could result in disciplinary
action including termination.
Unless Family and Medical Leave Act provisions apply, an employee who exceeds three
(3) consecutive sick days off must provide the Department Head a physician’s written
statement, or other satisfactory written documentation of the incapacity to work, or the
absence will be considered unauthorized. Sick leave taken prior to or immediately
following a holiday will require a physician’s release to return to work.
E. Sick Accrual.
1. Regular Full time Employees earn sick leave at the rate of ten (10) days per
year or 3.34 hours per pay period, Police Officers working a 12 hour shift at
the rate of 3.50 hours per pay period and Fire Fighter at the rate of 5.00 hours
per pay period.
2. Regular Part time Employees earn sick leave at the rate five (5) days per year, or 1.67
hours per pay period.
3. Sick leave will not be advanced nor will sick leave accrue during leaves of absence
without pay.
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F. Catastrophic Leave Program. If any full-time employee suffers a catastrophic
illness or an injury off the job, either of which has life-threatening consequences,
as verified by a treating physician, that completely incapacitates the employee
from working, or an employee is required to care for an immediate family
member (spouse, parent, child, stepparent, or stepchild) who suffers such an
illness or injury, and the employee has no accrued paid leave remaining, the
employee may use paid vacation leave donated by other employees as specified
in this Section.
1. In the case of a qualifying catastrophic illness or injury suffered by a member
of the employee’s immediate family that requires the employee’s care or
assistance, and if the employee meets the employment length criteria for
Family and Medical Leave Act leave, use of donated vacation leave, if
approved, will provide pay to the employee to the extent provided by the
Family and Medical Leave Act.
2. Full-time employees may donate a minimum of 8 and a maximum of 40 (12
and 60 in the case of 24-hour firefighters) accrued vacation sick leave hours
per calendar year.
3. All requests for use of donated vacation leave should be submitted to the
employee’s supervisor for approval by completing a Request in Attendance
Enterprise. Denial may be appealed to the appropriate Department Head or,
whose decision will be final.
G. Unused Accrued Paid Sick Leave. Unused accrued sick leave will not be paid
upon termination of employment.
302.06 BEREAVEMENT LEAVE
A. All full-time employees will be allowed time off with pay, to attend the funeral and
otherwise attend to affairs of the deceased, upon the death of family members,
with Department Head approval. Approval may be obtained by submitting a
Request for Time Form the appropriate supervisor.
1. Up to 5 days. Upon the death of the employee's immediate family (spouse, parent,
child, sister or brother, step-parent, stepchild, or the parent of the employee's spouse).
2. Up to 3 days. Upon the death of the employee's relative (aunt, uncle or
grandparents).
B. An employee may be required to provide information to document the absence.
C. If additional time off is required, the employee may use accrued vacation leave.
If no vacation time is available the Department Head may approve use of
authorized leave without pay.
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302.07 JURY DUTY/COURT APPEARANCE
A. All full time employees summoned to serve on a jury in city, state, or federal court
receive Administrative Leave with Pay. A copy of a jury notice must accompany
the advance written leave request.
B. All employees will be paid for required appearance in a Town, state, or federal
court, or a legislative or administrative proceeding (including disciplinary
hearings) concerning duty-connected matters, or certain duty-connected
testimony, investigation, and court preparation. The employee must provide
documentation of the requirement for attendance and the connection to duty.
Acceptable documentation includes: a subpoena, letter of request from an
attorney of record or prosecuting attorney, request of a hearing officer, or
completion of the appropriate department form. These appearances will be
considered hours worked and not leave.
1. Employees receiving payment from an outside employer for an appearance(s)
covered by this Section must use accrued paid leave or unpaid leave
because the appearance is not considered work for the Town.
2. Employees who have initiated legal or administrative proceedings, including
disciplinary hearings, against the Town must use accrued paid leave or
unpaid leave to attend such proceedings; the appearance is not considered
work for the Town. (Only employees who are classified as non-exempt under
Fair Labor Standards Act [FLSA] may use administrative leave without pay of
less than one day.)
C. When an employee on leave for jury duty or being paid for hours worked in a
duty-connected court appearance is released from the duty/appearance before
half of the employee’s workday ends, the employee must report to his or her
regular duty station when released from the jury duty/court appearance, even if
the employee has to report for jury duty/court appearance the next day.
302.08 ADMINISTRATIVE LEAVE WITH PAY
Administrative leave with pay is to be used in any of the following circumstances:
1. In any circumstance specifically stated in this Manual;
2. To document an employee’s attendance at training or other business
functions away from the employee’s regular duty station;
3. During the response period when an employee has been notified of a
proposed dismissal;
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4. To document the absence of an exempt employee for less than a full day
when the absence is not chargeable to accrued sick or vacation leave; and
5. When an employee is the subject of a disciplinary investigation and it is
determined by the Department Head that the employee should be relieved
from regular duties and an appropriate temporary re-assignment cannot be
located.
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303.00 UNPAID LEAVE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
303.01 POLICY/PURPOSE
In addition to paid leave benefits (see Chapter 302.00), the Town provides unpaid leave benefits
to employees as a matter of mutual convenience and in compliance with state and federal laws,
such as the Family and Medical Leave Act (FMLA) and the Uniformed Services Employment
and Reemployment Rights Act (USERRA).
These leave benefits have their own unique eligibility, documentation, scope of benefits,
and return to work provisions and may or may not be used in conjunction with each
other or paid leave. If any of the above involves a form of unpaid leave, changes or
suspension of other benefits may be involved.
303.02 GENERAL PROVISIONS
A. Benefits Status. Except as otherwise provided by federal or state law, while on unpaid
leave:
1. An employee does not accrue holidays, sick leave, or vacation leave;
2. Service credit for all employment privileges and benefits discontinues;
3. The time is not credited in computing the consecutive pay periods of active service
for sick leave penalty period status;
4. During the twelve weeks of Family Medical Leave the employee’s benefits
continue as if the employee were still working, providing the employee pays
their share of the cost of employee and dependent coverage; health expense
coverage continues during any other unpaid leave only if the employee pays
the full cost of employee and dependent coverage;
5. Voluntary Life insurance coverage for which the employee pays via payroll
deduction continues only if the employee pays the premiums;
6. The Town and employee’s contributions to retirement, 401(k), and Deferred
Compensation plans cease;
7. The employee is responsible for making repayments of any outstanding loans
for which payroll deductions would otherwise be made;
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Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
8. An employee will not receive Tuition Reimbursement payments; and.
9. The annual salary death benefit through TMRS and one times the annual
salary death benefit from the Town may be suspended.
B. Return to Work
1. Except for certain highly compensated employees, upon completion of an
approved leave of absence as provided in this section, an employee will be
returned to the same job, if it is available and the employee is able to perform
the duties of the position, or if the position is no longer available, will be
offered a comparable position, subject to availability, for which the employee
meets the qualifications. If the employee is not capable of performing the
duties of the same or a comparable job, the employee will be offered the
highest level position for which the employee is qualified and able to perform.
2. At the expiration of an approved leave, if an employee fails to return to work,
refuses an offered position, or fails to request an extension of leave, the
employee forfeits employment, by reason of having voluntarily abandoned
their employment and has not complied with the notice provisions of 105.02
herein.
C. An employee who is on unpaid leave and notifies the Town that there will be no
return to work is considered to have resigned effective on the notification date.
The employee shall contact the Human Resources Department as soon as
possible to arrange for re-payment of any amounts owed to the Town and to
arrange for continuation of health insurance coverage under the federal COBRA
law. Among the amounts the Town may recover from the employee are health
insurance premiums paid by the Town during unpaid leave.
D. See also Family and Medical Leave Chapter (304.00).
E. See also Military Personnel Chapter (308.00).
303.03 AUTHORIZED LEAVE WITHOUT PAY
A. Authorized leave without pay may be granted upon written request at the
discretion of a department head to employees for a period not to exceed the
remainder of the pay period in which it is requested.
B. Because it only involves part of one pay period, authorized leave without pay
does not affect an employee's benefits, other than compensation, nor does it
constitute a break in service for the purpose of computing longevity pay. An
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employee on authorized leave without pay will continue to accrue vacation and
sick leave at the regular rate of accrual.
303.04 LEAVE OF ABSENCE
A. Criteria
1. Any full-time employee may be granted an unpaid leave of absence for
continuing medical treatment or recovery when all accrued paid leave has
been exhausted, or is not available, and a doctor's written certification
indicates the employee is not permanently disabled, but is unable to perform
regular or limited duties due to illness or non-job-related injury.
2. Regular full-time employees may be granted a leave of absence for education
or other legitimate purposes consistent with Town practices, operational
requirements, and government regulations.
3. See also the Military Personnel Chapter (308.00).
B. Authorization/Duration
1. Requests for leave of absence must be in writing and submitted through an
employee's supervisor to the department head for approval. Requests for
leaves that are foreseeable must be made 10 working days before the
requested start date.
2. Except for unpaid leave under the Family and Medical Leave Act, or for
military purposes, a leave of absence of 30 calendar days or less may be
granted by a department head, and a leave of absence of more than 30
calendar days must be approved by the Town Manager. See Family and
Medical Leave Chapter (304.00) or Military Personnel Chapter (308.00) for
approval processes for those types of unpaid leave.
3. Extensions of leaves of absence for the same purpose as the leave was
originally granted require approval by the Town Manager. A request for
extension must be submitted in writing at least 10 calendar days before the
effective end day of the original leave.
4. Except for unpaid leave under the Family and Medical Leave Act, if a leave is
denied by the department head or Town Manager and the employee fails to
return to work, the employee forfeits employment.
5. No leave of absence or its extension may exceed 1 year, except where
required by law. Any unpaid family and medical leave taken will count toward
the calculation of the 1-year maximum.
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303.05 INJURY LEAVE WITHOUT PAY
A. An employee will be carried on payroll in an Injury Leave Without Pay status
when the employee is receiving Temporary Income Benefits (TIB) as the result of
an injury in the course and scope of employment, and is ineligible for the Salary
Continuation Program, or elects not to participate in it and has no accrued paid
leave to supplement the TIB payments.
B. See Workers’ Compensation Chapter (306.00) for details on leave and
compensation during periods of inability to work due to injury in the course and
scope of employment.
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304.00 FAMILY AND MEDICAL LEAVE
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
304.01 POLICY/PURPOSE
It is the policy of the Town of Trophy Club to grant up to 12 weeks of family and medical leave
(FML) during any 12 month rolling period to eligible employees in accordance with the Family
Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid, or a combination of paid
and unpaid, depending on the circumstances and as specified in this Chapter.
304.02 ELIGIBILITY
A. Criteria. Employees are eligible for leave under the federal Family and Medical
Leave Act as specified in this Section.
1. The employee must have worked for the Town of Trophy Club at least 12
months (52 weeks).
a. The twelve months (52 weeks) need not have been consecutive.
b. For eligibility purposes, an employee will be considered to have been
employed for an entire week so long as the employee was in a paid status
for any part of the week.
2. The employee must have actually worked at least 1250 hours during the 12-
month period immediately before the date the leave would begin. Unpaid and
paid leave is not counted as work days for this purpose.
3. The employee must provide certification that the leave is for one of the
reasons listed below:
a. Birth of a child and in order to care for that child;
b. Placement of a child for adoption or foster care in the employee’s home;
c. Care for a spouse, child, or parent with a serious health condition; or
d. Because the serious health condition of the employee makes the
employee unable to perform the functions of the employee’s position.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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B. Serious Health Condition. A serious health condition is one that requires
inpatient care at a hospital, hospice, or residential medical care facility, or
requires continuing care by a licensed health care provider. The relevant federal
regulations provide specific examples of serious health conditions that include,
but are not limited to pregnancy and pre-natal care. The regulations exclude
common ailments such as colds, flu, earaches, or stomachaches. An injury
sustained on the job that results in inability to work, and that is covered under
workers' compensation, generally automatically meets the criteria for Family
Medical Leave since most of these injuries render an employee unable to
perform the functions of his or her job for some period of time. Therefore, if the
employee is eligible for FML, the first twelve weeks of a workers' compensation
injury will be counted toward an employee's annual FML allotment.
C. Certification of the Serious Health Condition. The Town requires certification
of the serious health condition. The employee should try to respond to such a
request within 15 days of the request, or provide a reasonable explanation for the
delay. Failure to provide certification in a timely manner may result in a denial of
leave.
1. Medical certification of the serious health condition must include:
a. Date when the condition began;
b. Its expected duration;
c. Medical facts which support the certification;
d. Brief statement of treatment;
e. Statement that the employee is unable to perform the essential functions of the
employee’s position (if leave is due to employee’s serious health condition), or a
statement that the family member requires assistance and/or that the employee’s
presence would be beneficial or assist in the family member’s recovery (if leave is
due to family member’s serious health condition); and
f. Dates and the duration of treatment and a statement of medical necessity
for taking intermittent leave or working a reduced schedule (if intermittent
leave or a reduced work schedule is desired).
2. The Town may require a second opinion if it has reason to doubt the medical
certification. The second opinion will be from a physician of the Town’s
choice and at the Town’s expense. If necessary to resolve a conflict between
the original medical certification and the second opinion, the Town and the
employee will jointly select a third physician. The Town will pay for the third
opinion. This third opinion will be considered final.
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3. Medical re-certification may be required if:
a. The duration of the serious health condition, as stated in the original certification,
has expired and the employee is still unable to return to work;
b. There are facts that cast doubt on the employee’s stated reason for the
absence;
c. The annual certification has expired for intermittent use and the employee
continues to need intermittent time away from work for the condition; or
d. There is a change in circumstances.
304.03 FML PROCEDURES
A. Amount. An eligible employee can take up to 12 weeks of leave during any 12
month period.
1. The Town uses the “rolling 12 month period” that counts backward from the
date an employee uses any FMLA-qualifying leave.
2. Each time an employee takes leave, the amount is subtracted from the 12
weeks of available leave, and the balance is the amount the employee is
eligible to take at that time.
3. When spouses who both work for the Town each want to take leave for the
birth of a child, or adoption, or placement of a child in foster care, they may
only take a total of 12 weeks of leave between them.
4. Leave for birth, adoption, or foster care of a child must be taken within 1 year
of the birth or placement.
B. Type. The employee must use accrued paid leave before being eligible for
unpaid leave as follows:
1. A serious health condition of the employee or of a family member requires
use of all accrued sick leave first, then accrued vacation leave, then accrued
holidays (if applicable) before unpaid leave.
2. The birth of a child requires use of accrued vacation leave before unpaid
leave. If a serious health condition of the mother or the baby is involved, the
leave priorities of B.1 above apply.
3. Adoption or foster care of a child requires use of accrued vacation leave
before unpaid leave. Unless a serious health condition is involved, leave for
adoption or foster care does not qualify for use of accrued sick leave. If a
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serious health condition of the child is involved, the leave priorities of B.1
above apply.
C. Intermittent Leave or a Reduced Work Schedule. The employee may take
FML intermittently, taking a day periodically when needed, or may use the leave
to reduce the work week or work day. In all cases, the leave may not exceed the
equivalent of a total of 12 weeks over a 12 month period.
1. If the Town and employee cannot agree to a satisfactory intermittent leave
schedule or reduced work schedule for leave for a serious health condition of
the employee or a family member, the Town may temporarily transfer the
employee to an available alternative position with equivalent pay and benefits
to better accommodate the intermittent or reduced schedule.
2. The Town does not offer the option of a temporary re-assignment for post-
birth (without documented restrictions from a physician), adoption, or foster
care of a child.
D. Request Procedure
1. Except in cases of emergency, all employees requesting FML must submit
the FML Request in writing to their immediate supervisor, with a copy to the
Human Resources Department, as far in advance of the leave as is practical.
All original certification documents should be forwarded to and maintained in
Human Resources.
2. In cases of emergency, the employee’s supervisor will coordinate with the
employee or, if the employee is unable to provide information, with the
employee’s next of kin to obtain information on the circumstances requiring
leave. The supervisor will then contact the Human Resources Department,
which will coordinate the leave.
E. Periodic Contact With Supervisor. While on FML of more than one pay period,
employees are required to report weekly to their supervisor regarding the status
of the medical condition and their intent to return to work.
F. Employee Status and Benefits During Leave
1. An employee on paid leave for FML purposes will continue to accrue paid
leave, and deductions from pay and the Town’s contributions to any benefit
plan will continue to be made as if the employee had continued to work.
2. An employee who is on unpaid leave for FML purposes continues health
coverage only if the employee pays the employee’s share of the cost of
employee and dependent coverage. The employee receives Town benefits
only to the extent specified in the Unpaid Leave Chapter (303.00).
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3. If the employee chooses not to return to work for reasons other than a
continued serious health condition, the Town will require the employee to
reimburse the Town the amount it paid for the employee’s health insurance
premium, if the employee used any unpaid leave.
G. Return to Work/Disability.
1. Absence from work due to a serious health condition of the employee,
whether leave is paid or unpaid as provided in this Chapter, is considered a
health fitness impairment., the Return to Work and Disability provisions of the
Health Fitness Impairment Chapter (305.00) will apply.
2. An employee returning to duty following a leave for a serious health condition
must provide a written release from the treating physician indicating the
employee’s fitness to return to duty, stipulating any type of restrictions, and
the date of the employee’s release from medical care. f no restrictions are
specified, the supervisor is to send a copy of the release to Human
Resources. If restrictions are specified, the employee must report to the
Human Resources Department before reporting to work.
3. If an employee fails to return to work or request an unpaid leave of absence
at the expiration of an approved Family and Medical Leave, the employee
forfeits employment.
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305.00 HEALTH FITNESS IMPAIRMENT
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
305.01 POLICY/PURPOSE
A health fitness impairment occurs when an employee is unable to perform the essential
functions of the position due to a serious health condition or an injury that occurs on or
off the job. The purpose of this Chapter is to summarize for employees their options for
compensation and return to work after a period of health fitness impairment.
305.02 GENERAL PROVISIONS
A. Where required because of business necessity, the Town reserves the right to fill
the position held by an employee with a health fitness impairment that prevents
the employee from performing the essential job functions. Federal, state, and
Town benefits for the injured employee continue as specified in this Chapter and
the Workers’ Compensation Chapter (306.00). The provisions of this Chapter will
govern the employee's return to duty.
B. Employees are responsible for appropriately reporting on-the-job injuries, through
the Town’s Workers’ Compensation third party administrator, as soon as
possible, but no later than 24 hours after the injury occurs, or it is reasonably
known to the employee to have occurred. If the injured employee is physically
unable to so report, any employee(s) who witnessed the incident will report such
to the immediate supervisor within the time specified. If for any reason the
employee does not report the injury, and the supervisor has knowledge of such
injury, the supervisor is responsible for reporting the injury.
1. It is the responsibility of the supervisor to contact Human Resources so that a
First Report of Injury can be completed and submitted to the Town’s Worker’s
Compensation Carrier.
C. While an employee is in an unpaid status, the employee is not considered on
active service with the Town. See Unpaid Leave Chapter (303.00) for list of
consequences.
D. Time limits expressed in terms of "work days” in this Chapter will be converted to
shift equivalents for persons regularly assigned to other than the regular Town 8-
hour work day.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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E. When an employee is in any paid or unpaid leave status because of a health
fitness impairment, the day will be applied toward the employee’s leave benefit
under the Family and Medical Leave Act.
G. Tracking of time limits specified in this Chapter for health fitness impairment
options is the primary responsibility of the immediate supervisor of the impaired
employee. The supervisor will be expected to communicate with Human
Resources so that the employee’s personnel file can be accurately documented.
This does not relieve the impaired employee from responsibility for being aware
of the express limitations of any of the health fitness impairment options. The
Town will seek reimbursement from employees for overpayment of benefits
H. All correspondence concerning employment status or benefits to an employee, or
the representative of an employee suffering a health fitness impairment, must be
approved in advance by the Human Resources Department.
305.03 HEALTH FITNESS IMPAIRMENT OPTIONS
A. The options for an employee who cannot perform the essential functions of the
position because of a health fitness impairment are as outlined in Appendix A to
this Chapter. In addition, see the Workers’ Compensation Chapter (306.00) for
compensation options for an employee injured on the job.
B. Subject to the maximum one year leave limitation, an employee who has
exercised all available options and who does not elect to take, or cannot locate a
reassignment, or does not qualify for or elect to take disability, will be dismissed.
305.04 RETURN TO WORK
A. Release to Duty Verification.
1. An employee returning to duty after a health fitness impairment must provide
a written release from the treating physician indicating the employee's fitness
to return to duty, stipulating any type of restrictions, and the date of the
employee's release from medical care. (Certification of Health Care Provider) If
no restrictions are specified, the supervisor is to send a copy of the release to
Human Resources. If restrictions are specified, the employee and their
immediate supervisor must report to the Human Resources Department
before reporting to work.
2. Depending on the length and reason for the health fitness impairment, on a
case by case basis, the employee may be required to give consent for the
Town to review medical records/reports from treating professionals, and/or
submit to evaluation by a medical professional of the Town’s choice (and at
the Town’s cost).
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B. Status During Verification Process. If records must be reviewed and/or
evaluation of the employee’s fitness is required to determine the employee's
fitness to return to duty is warranted, the employee may be required to use
available paid leave, may be placed in an unpaid leave status, or may be placed
in a transitional duty status.
C. Transitional Duty Assignment. If an employee is medically released, but with
restrictions that render the employee still unable to perform the essential
functions of the employee’s own position, an attempt will be made to find duties
that the employee is capable of performing so that the employee can transition to
full productivity in the employee’s own department. If no transitional duty
assignment can be made in the employee's department, the employee may be
placed in a transitional duty assignment in another department.
1. Unless the impairment is related to the employee’s pregnancy, the transitional
duty assignment, or any combination of more than one transitional injury
assignment, will not extend beyond 120 work-days per health fitness
impairment. If the employee is unable to return to the employee’s own
position following the 120 work-days, the employee may apply for any open
and available position for which the employee is qualified and able to perform
the essential job functions. If no position is available, the employee will be
dismissed. The employee may apply for disability benefits as outlined in
Section 305.05.
2. The total amount paid to an injured employee while on transitional duty
assignment status will not exceed the employee's regular pay.
3. If an employee works any portion of a regularly scheduled workday, the whole
day shall be counted as one day of transitional duty.
D. Impairment Related to Employee’s Pregnancy. As mandated by Texas Local
Government Code §180.004, the Town will make a reasonable effort to
accommodate an employee with an impairment, as determined by a physician,
related to the employee’s pregnancy. In this case, the accommodation could
extend beyond the allotted 120 days if the accommodation is available in the
same office. If the employee’s physician restricts the hours the employee can
work, the employee will only be paid for actual hours worked.
E. Additional Recovery Needed. If, after returning to work, an employee finds that
transitional duty assignment or regular assignment, the employee should so
inform the supervisor and return to the attending physician. The employee must
obtain a written medical release from duty or amendment of the previously
provided description of work restrictions. This release from duty or amendment
of work restrictions must be presented in person to the Human Resources
Department. If the physician indicates the employee can return to duty with
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additional restrictions, the Human Resources Department will coordinate efforts
to find another transitional assignment.
305.05 DISABILITY
A. Continuing Medical Recovery Possible. An employee who is unable to return
to the employee’s regular assignment may apply and be approved for payments
through the Town's Disability Insurance.
1. Disability payments begin after 120 calendar days of continuous disability due
to health fitness impairment and provide 60% of the employee's regular pay.
Disability payments are offset by income from other sources.
2. An employee who is unable to return to work must use accrued paid leave
during the 120-day waiting period for disability payments. The employee
eligible for disability payments may continue to use accrued paid leave
(delaying the start of disability payments and continuing 100% of regular pay)
or elect to receive disability payments. An employee who does not have
sufficient accrued leave to carry through the waiting period for disability
payments may be granted a leave of absence for the remainder of the waiting
period.
B. Disability Retirement. An employee who is a member of TMRS and who has
been determined to be permanently physically or mentally disabled may be
entitled to disability retirement benefits through TMRS. Summary information on
the benefits, allowances, and coverage of TMRS disability retirement can be
obtained from the summary plan brochure provided to each employee or through
the Human Resources Department.
1. An employee who has been granted disability retirement through TMRS shall
be considered to have resigned from the position held as of the effective date
of the granting of the disability retirement.
2. An employee who has been approved for and accepts disability retirement
may accept employment in another position in the Town or another TMRS
Town (if able to perform the job duties). However, benefits may be reduced
according to TMRS guidelines.
305.06 REASSIGNMENT, RE-HIRE, AND TERMINATION
A. An employee who has a health fitness impairment may at any time before
qualifying for the Town’s Disability Plan or disability retirement apply for a vacant
position within the Town that the employee is qualified for and capable of
performing. Any disability payments from the Town’s Disability Plan will be offset
by the wages paid for the new position.
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B. An employee whose health fitness impairment is the result of an on-the-job
injury, but who is determined not to be eligible for disability retirement through
TMRS, will be placed in injury leave without pay status after expiration of all
available options. After a continuous absence of one year the employee will be
terminated.
C. An employee who was dismissed following approval for disability retirement, who
obtains a release from the attending physician indicating the employee's fitness
to return to a position with the Town other than the employee's former position,
may apply through the Human Resources Department for any open and available
position for which they meet the minimum qualifications. Any payments from the
Town ’s Disability plan or TMRS will be offset by wages paid for the position.
305.07 MAXIMUM LEAVE POLICY
Any employee whose health fitness impairment results in continuous absence of one
calendar year, either paid or unpaid, shall be dismissed as allowed by law.
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APPENDIX HEALTH FITNESS IMPAIRMENT
Note: Town’s insured disability plan payments begin after 120 calendar days of continuous disability if approved
by the carrier. Pay is equal to 60% of regular pay.
Note: Paid Leave does not accrue during unpaid leave.
Note: Eligibility for any leave or benefit category specified in this Appendix is not automatic and is subject to review
and approval by the Town pursuant to law and the terms of specific benefit plans.
Illness & off - job Injury On – the – job Injury
I: Use accrued sick leave, accrued holidays, and/
or vacation, then any unpaid family medical
leave.
All leave will be counted toward FMLA annual
allotment if qualified as a serious health
condition.
I: Use injury leave with pay (salary continuation
program). In “Phase I” the employee is eligible
for 90 working days per injury (maximum 180
days in 5 year period).
Injury leave is not available more than one year
from injury date.
FMLA will run concurrently the first 12 weeks of
a workers’ compensation injury.
II: If paid leave is exhausted before disability
payments are approved and begin, the
employee may be put on unpaid leave of
absence.
Note: If paid leave exceeds 120-calendar day
wait for disability, employee may elect to use all
accrued leave and then receive disability
payments
II: In “Phase 2” the employee may supplement
his/her weekly workers’ compensation check
using accrued paid leave (sick, holidays, and
vacation). If employee exhausts paid leave,
employee may be placed on a leave of absence
and collect workers’ compensation benefits if
still applicable. (Workers’ compensation is
equal to 70% of average weekly wage).
III: When employee is able to return to work:
• If employee cannot return to his full
duties, transitional duty is available for
a total of 120 working days.
• If employee has permanent restrictions,
the employee may seek assistance in
finding accommodation or
reassignment.
• If position has been filled because of
business necessity, the department will
attempt to reassign the employee.
• If accommodation and/ or
reassignment is not available, the
employee may be terminated.
III: When employee is able to return to work:
• If employee cannot return to his full
duties, transitional duty is available for a
total of 120 working days.
• If employee has permanent restrictions,
the employee may seek assistance in
finding accommodation or
reassignment.
• If position has been filled because of
business necessity, the department will
attempt to reassign the employee.
• If accommodation and/or reassignment
are not available, the employee may be
terminated.
IV: When employee is unable to return to work:
• If employee is unable to return to work,
he/she may apply for disability through
the Town’s disability carrier or TMRS
retirement.
• If employee is absent continuously for
one (1) year, employee will be
dismissed.
IV: When employee is unable to return to work:
• If employee is unable to return to work,
he/she may apply for disability through
the Town’s disability carrier or TMRS
retirement.
• If employee is absent continuously for
one (1) year, employee will be
dismissed
•
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306.00 WORKERS’ COMPENSATION
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
306.01 POLICY/PURPOSE
The Town is committed to meeting its obligation under the Texas Workers’ Compensation Act to
provide medical, rehabilitation, and wage-replacement benefits to employees who sustain work-
related injuries or illnesses. All work-related injuries and illness, whether eligible for the Salary
Continuation Plan or not, are eligible under the Family and Medical Leave Act (FMLA), and any
missed time due to the injury or illness will be counted toward the employee’s FMLA allotment.
The purpose of this Chapter is only to describe the financial benefits available to an
employee who is unable to work the regular position because of an on-the-job injury
covered under the Texas Workers’ Compensation Act and the Town’s Salary
Continuation Plan. Information on options for transitional duty, re-assignment, return to
work, and disability payments are detailed in the Health Fitness Impairment Chapter
(305.00).
306.02 STATUTORY PROVISIONS
A. Payment Purposes. When an employee is injured within the course and scope
of employment for the Town of Trophy Club, the employee is eligible for workers'
compensation payments pursuant to Title 5 of the Texas Labor Code. These
payments are for:
1. Reasonably required and necessary medical treatment;
2. A statutory amount that provides a portion of the employee's average weekly
wage while the employee is unable to work because of the injury for up to 104
weeks; and
3. Additional monetary benefits for permanent disability suffered as a result of
the on-the-job injury.
B. Contest of Claim/Termination of Benefits. Workers' compensation
entitlements are subject to termination for grounds specified in the statute. The
Town may contest any claim for reasons authorized by law. An employee whose
claim is being contested by the Town is not eligible for injury leave with pay or
salary continuation until a final determination of eligibility is made by Human
Resources in conjunction with the Town ’s third party workers’ compensation
administrator.
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Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
C. Physician Choice. An employee may use any physician that accepts workers’
compensation payments to administer treatment in connection with the on-the-
job injury. The Town will pay (or reimburse the employee for payment of) the cost
of such treatment so long as the employee meets the eligibility requirements of
workers' compensation and the charges are reasonable and necessary within
Texas Workers’ Compensation Commission (TWCC) guidelines. If the employee
chooses to participate in the Salary Continuation Program, the employee must
utilize a physician within the required medical network.
D. Temporary Income Benefits. Under the Workers Compensation Program,
temporary income benefits do not begin until after the seventh calendar day of
absence from work due to an on-the-job injury.
1. A regular full-time employee who appears initially to be eligible for workers'
compensation weekly payments will be carried on the payroll in an Injury
Leave with Pay status for all work time missed during the first seven days of
absence.
2. If it appears initially that the employee is not eligible for workers'
compensation weekly payments, or the claim is being contested by the Town,
the employee must use accrued paid leave, if available. If the employee has
no accrued paid leave, the employee will be carried on the payroll in Injury
Leave without Pay status. If it is determined that the employee is eligible for
temporary income benefits, any accrued leave used will be restored to the
employee’s leave balance, or any unpaid leave time will be retroactively
compensated.
306.03 SALARY CONTINUATION PROGRAM
A. Eligibility. Regular full-time employees receiving weekly workers' compensation
temporary income benefits are eligible for salary continuation. Temporary, part-
time, seasonal, and probationary employees with less than 6 months' active full-
time service credit are ineligible for salary continuation.
B. Salary Continuation Procedure.
1. If the employee elects to receive salary continuation, it will provide the
employee with regular pay during the time the employee is unable to work
because of the injury as follows:
a. The employee must elect to participate in the Salary Continuation
Program agreement within five (5) days of filing the accident report;
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b. The employee must sign over to the Town the check received from the
third party administrator as workers' compensation temporary income
benefits each pay period;
c. Each work day that the employee is unable to work because of the injury
will be documented as one work day paid through the Salary Continuation
Program; and
d. Salary Continuation Program pay and weekly workers' compensation
temporary income benefits will be issued to the employee at the Human
Resources Department offices. If the employee is too incapacitated to
pick up the check, as certified in writing by the treating physician, the
employee may designate in writing another person to receive the check.
2. Salary Continuation Limits. Salary Continuation is only available:
a. For 30 work days for each on-the-job injury;
b. During the 12-month period after the date of the injury;
c. To the extent that the employee has not used the allotment of 180 work
days of salary continuation in a rolling five year period, measured
backward from the date the employee first missed work because of the
injury; and
d. The employee has not been assessed at Maximum Medical Improvement
per Texas Workers Compensation guidelines.
3. Examinations. The Human Resources Manager or designee may require an
employee to submit to examinations at Town expense, by a physician or
psychologist within the approved network, as a condition of receiving or
continuing to participate in the Salary Continuation Program. These
examinations are in addition to any medical treatment secured by the
employee under workers' compensation laws.
4. Payroll Status. The employee will be carried on payroll in Injury Leave with
Pay status while receiving Salary Continuation payments and unable to
perform the duties of the regular position.
C. Salary Continuation Forfeiture. An employee forfeits eligibility for participation
in the Salary Continuation Program if the employee:
1. Fails to report the on-the-job injury as specified in 305.02 B and receive such
medical treatment as may be necessary;
2. Repeatedly fails to keep medical appointments. (The Human Resources
Manager may reinstate eligibility if the employee later submits to examination
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and treatment; any such resumption does not reinstate forfeited pay benefits
for the period in which the employee refused to submit to examination.);
3. Is found to be working another job;
4. Retires, resigns, is dismissed for any reason, or dies;
5. Refuses to submit to examinations or diagnostic tests or procedures
recommended as medically or psychologically necessary by the network
provider;
6 Fails to follow, refuses to comply with, disregards, or violates the treating
physician's instructions regarding treatment of the on-the-job injury;
7. Refuses to perform transitional (limited, partial, or part-time) duty when such
has been authorized by the treating physician and offered by the department
head or the Human Resources Manager;
8. Falsifies or misrepresents physical condition or capacity;
9. Refuses to return to regular duty on the working day after the employee has
been released to regular duty by the treating physician;
10. Fails to contact the immediate supervisor on a weekly basis, and the Human
Resources Department on a biweekly basis, to discuss condition and
expected return to work date;
11. Has been injured as a result of the employee's own willful misconduct, gross
negligence, or is in violation of safety procedures/rules as determined by the
Human Resources Department;
12. Is receiving benefits through any of the Town 's disability income plans or
TMRS;
13. Refuses to make application for benefits under the Disability Income Plan
offered by the Town and TMRS when requested; or
14. Fails to reimburse the Town the full amount of the weekly workers'
compensation temporary income benefits each pay period.
D. Administrative Rules. The Human Resources Manager or designee, in
coordination with Town management, is authorized to promulgate necessary rules
and regulations for the efficient administration of the Salary Continuation Program
benefit plan.
E. Denial and Appeal. Payment of benefits under this plan shall at all times remain
subject to the Human Resources Manager or designee’s approval. Denial shall be
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by written notice from the Human Resources Manager or designee to the
employee with the grounds stated. The employee may appeal in writing within five
(5) days of receipt of the notice of denial to the Town Manager for the
administrative group, who shall render a decision within ten (10) days of receipt of
the appeal. The decision of the Town Manager is final. Failure to appeal within
the time specified waives the appeal.
306.04 BENEFITS/STATUS WITHOUT SALARY CONTINUATION
A. If an employee is not eligible for the Salary Continuation Program, or elects not to
participate in it, and the employee is unable to work because of an on-the-job injury
covered by Worker’s Compensation, the employee will only receive statutory
Temporary Income Benefits through the third party administrator.
B. The employee may use accrued paid leave to supplement the Temporary Income
Benefits and remain in a paid Town status.
C. While receiving Temporary Income Benefits and in any unpaid leave status, all
Town benefits cease. The employee must pay the cost of all plans, such as
insurance, loans, and retirement that are otherwise paid through payroll
deductions. See the Unpaid Leave Chapter (303.00) for details.
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307.00 BENEFITS
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
307.01 POLICY/PURPOSE
The Town offers a variety of benefit plans as summarized in this Chapter.
307.02 GENERAL PROVISIONS
A. Eligibility for and the amount of any benefit described in this Chapter depend on
provisions of the official plan document and federal tax law. Statements made in
this Chapter as a general informational summary of benefits that are inconsistent
with the official plan documents are void. The Town has discretionary and final
authority to construe and interpret all employee benefit plans, decide all questions
of eligibility, and determine the amount, manner, and time of payment of any
benefits, to the extent allowed by law and by contract with the plan administrator.
See applicable benefit plan documents, state laws or regulations, or federal law or
regulations.
B. Eligibility for any benefit described in this Chapter may be suspended during
periods of unpaid leave.
C. Except for the Tuition Reimbursement Program, summary booklets on each of the
benefit plans described in this Chapter are provided to employees through the
Human Resources Department.
307.03 BENEFIT PLANS
A. Death Benefits. The beneficiaries of all full-time employees are eligible for:
1. Death benefits through the Texas Municipal Retirement System (TMRS);
a. The Town adopted the Supplemental Death Benefit, provided by TMRS, in
October 1998. Therefore, any TMRS member employed with Trophy Club
on or after October 1, 1998 is eligible for this benefit.
1) Active employees. This benefit pays approximately one times the
member's annual salary to their designated beneficiary.
2) Retired employee. This benefit pays $7,500 to the retiree's
designated beneficiary.
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
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2. Through the Group Term Life Plan, a payment in the amount of 2 times the
deceased employee's annual base pay, up to $100,000.00; and
3. Payment for all the employee's accrued paid vacation leave and payment for
all the employee’s accrued sick leave to a maximum of 960 hours (1,440
maximum for 24-hour firefighters), if the employee had more than six months
active full-time service with the Town at the date of death.
B. Health Expense Coverage. The Town provides full-time employees the
opportunity to participate in:
A group insurance program covering medical, selected hospital, and dental
expenses incurred by employees and/or dependents.
C. Retirees' Health coverage. The coverage offered to retirees is the same as
the coverage the city provides to active employees.
1. Minimum of 10 years employment
2. Minimum age 55 at retirement
3. Retiree coverage will terminate at age 65
4. Dependent coverage. A dependent not covered under the city's health benefit
plan at the time the employee retires, is not eligible for coverage under this
subsection. If a retiree elects to continue coverage for a dependent who is
covered at the time the employee retires, and on a subsequent date elects to
discontinue coverage for that dependent, the dependent is no longer eligible for
coverage under this subsection.
5. Ineligibility. A retiree becomes ineligible for retiree health coverage if the
retiree elects to discontinue coverage at any time.
6. Payment. The retiree is responsible for payment of the health benefit premium
for coverage.
7. Applicability. This subsection applies only to individuals retiring after its
effective date. Policy may be changed. The policy contained in this subsection
may be repealed or modified at any time, but will remain in effect for any person
who retires while it is in effect.
D. 125 Cafeteria Plan. The Town provides full-time employees the opportunity to
participate in the 125 Cafeteria Plan which allows use of payroll deductions of pre-
tax dollars, pursuant to the IRS Code, to be used for certain:
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1. Health/dental insurance premiums;
2. Reimbursement of medical/dental expenses not paid by health/dental
insurance coverage; and
3. Dependent care expenses.
E. Retirement.
1. All full-time employees, and those regular part-time employees who occupy
positions designated as requiring 1,000 or more hours per calendar year,
must participate in the Texas Municipal Retirement System (TMRS).
a. The TMRS program is Town and employee funded and the plan is
administered by TMRS pursuant to Title 8, Subtitle G, Texas Government
Code.
b. The employee's contributions vest immediately and the Town's
contributions vest after 5 years.
2. The amount of the benefit at retirement under TMRS is determined by the
plan document and state law.
F. Optional Pension Plans. All full-time employees may elect to contribute to the
Town’s optional pension plans through payroll deduction of pre-tax dollars.
Withdrawal of contributions can be made only for reasons specified in the official
plan documents, and early withdrawals may be subject to penalties and tax
pursuant to IRS regulations. The Town does not contribute to these plans as they
are offered to our employees as a supplement benefit only.
G. Tuition Reimbursement Program. The Town offers regular full-time employees
reimbursement for tuition and applicable fees for courses taken for credit (not continuing
education or audited courses) that directly relate to an employee's present position or to
a position of possible promotion.
1. Reimbursement will be based on tuition for degree programs paid at
accredited State institution rates for accredited institutions, less amounts
received from other sources. Amounts charged by the University of Texas at
Arlington will be used as a guideline.
a. Application. To apply for tuition reimbursement, employees should follow
the procedures listed here:
1). The employee should submit a Tuition Reimbursement Form to their
department head for consideration of an official degree plan or specific
job related courses. Once consideration has been made the
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supervisor will forward a copy to the employee and the original to
Human Resources to be filed in the employee’s personnel file.
2). Upon completion of the approved courses, the employee must submit
a certified a copy of the courses, grades, related receipts, and
verification of any other funds received to pay for the course, if
applicable, to the Human Resources Department to be attached to the
Reimbursement Form and processed for reimbursement.
2. General Provisions
a. Have completed twelve (12) months’ employment with the Municipality.
b. Employees must be in an active paid status to receive reimbursement.
c. Reimbursement will be made for correspondence courses taken from an
accredited institution of post-secondary education as certified through a
commission on higher education of a regional educational agency for
colleges and universities, as long as it was pre-approved by the
employee’s supervisor.
d. If the employee does not maintain employment with the Town for two
years after reimbursement for the course, the employee will be required to
repay, at the time of termination of employment, the tuition and fees that
were reimbursed by the Town.
3. Reimbursement Amounts
a. Associate and Bachelor degree courses
1. 100% for a “A” grade
2. 90% for a “B” grade
3. 70% for a “C” grade
b. Master and doctoral degree courses
1 100% for a “A” grade
2. 90% for a “B” grade
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308.00 MILITARY PERSONNEL
EFFECTIVE DATE: X/1/2005 REVISION DATE/NO: X/1/2005-1
308.01 POLICY/PURPOSE
The Town of Trophy Club is committed to fulfilling its obligations under state law and
federal law and to demonstrating its support of national or regional security efforts by
providing military leave as specified in this Chapter. The Town also acknowledges that
time spent by employees on military leave often is relevant or complementary to their
workplace responsibilities, and that the skills, leadership, discipline, and teamwork
experience that employees acquire during military service can prove valuable on the
job.
308.02 GENERAL PROVISIONS
A. Employment and re-employment rights of military personnel in civilian employment
are governed by the provisions of the Uniformed Services Employment and
Reemployment Rights Act (USERRA), 38 USC 4301.
B. Full-time employees who leave their Town positions to enter active duty in any
branch of the armed forces of the United States, or who are ordered to active duty
by the President of the United States for an indefinite period of time as a member
of the Reserve or National Guard, are exempt from the maximum one year leave
policy.
C. Paid military leave will only be given in lieu of regularly scheduled work hours.
D. All requests for military duty leave shall be made in advance and accompanied by copies of
the military orders documents. Where military necessity prevents advance notice and
documentation, notice will be provided as soon as possible and documented as soon as
possible, but no later than immediately after the absence.
E. Some persons called to active military service are entitled to some types of civil
relief, such as the ability to break leases and limits on loan interest, under the
Servicemembers Civil Relief Act (SCRA). This Act does not affect employment or
re-employment. Members of any of the armed services should seek private or
military legal assistance to determine if they are eligible for civil relief under SCRA.
308.03 LEAVE
A. Annual Paid Leave. All full-time employees are eligible for 80hours (106 hours
Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual
entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at anytime without notice,
except as provided by federal or state laws.
212
for 24-hour firefighters) paid Military Leave per fiscal year to allow them to respond
to orders of military service. Time will be paid at the difference between military
and civilian pay.
1. Travel time included in the orders and paid for or reimbursed by the service
will be counted as military leave, provided that such travel is scheduled to
occur during the employee’s normal work hours.
2. Paid Military Leave will not be granted for time that is used for diagnosis or
treatment of any service-connected sickness or disability, for obtaining or
sustaining any disability rating, or for treatment in any government facility.
3. Time required for physical examination for selection or admission to the
military service, to determine or maintain a selective service rating, or to
maintain a reserve status may be compensated by paid military leave.
B. Additional Leave. If time is required beyond the maximum allowable for paid
military leave, the employee may use either accrued paid vacation leave, re-
scheduled holidays, authorized leave without pay for the remainder of a pay period
in which accrued paid leave was exhausted, or unpaid leave of absence.
Employees are not required to use accrued paid vacation leave or re-scheduled
holidays before use of paid military leave or unpaid leave for military purposes.
308.04 RETURN TO WORK
A. To retain re-employment rights under USERRA, the employee must:
1. After periods of 30 days of service or less, return to work at the beginning of
the first regularly scheduled work day after time for safe travel to his or her
residence and 8 hours of rest time; or
2. After periods of 31 to 180 days, make application for re-instatement no later
than 14 days after completion of military service; or
3. After periods of 180 days or more, make application for re-instatement no
later than 90 days after completion of military service.
B. An employee entitled to re-employment under USERRA, who performed military
service of less than 91 days, is entitled to the job the employee would have
attained absent the military service, provided the person is, or can become,
qualified for that job. This includes any pay raises that would have been given
based solely on time in the position, but not raises that would have been based on
performance in the job. For periods of service of 91 days or more, the returning
employee may be placed in a position of like seniority, status, and pay.
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308.05 BENEFITS STATUS DURING LEAVE
A. An employee receiving any paid leave within a pay period will continue to accrue
paid leave, and deductions from pay and the Town ’s contributions to any benefit
plan will continue to be made as if the employee had continued to work.
B. The Town will provide continued health care coverage on the same basis as for an
active employee if the military leave is less than 30 days. For periods of more than
30 days, the employee may choose to continue Town health coverage by paying
up to 102% of the entire premium cost, as provided under COBRA, except in the
case of reservists called to active duty through Presidential Reserve Call-up
(PRC), where military health care coverage extends to 30 days beyond completion
of military duty), any military health care coverage ends at the completion of
military duty.
C. During unpaid leave for military purposes, an employee accrues no paid leave and
is not eligible for longevity pay. On return to work, the employee will be credited
with the time spent in military service as active service for determining the accrual
rate of vacation leave. The time spent on military service will also be counted after
return from unpaid leave for military purposes for determining years of service for
computation of longevity pay.
D. Any department that bases any personnel decision, such as shift or days off
assignments, on seniority must count the time spent on unpaid military leave as
active Town service for seniority ranking purposes.
E. Contributions toward the required and optional pension plans are suspended while
an employee is on active military service of over 30 days. Reinstatement of
service credit and/or deposit of contributions on return to work with the Town is
governed by the terms of the particular plan. Employees should consult the
Human Resources Department for assistance in determining the impact of their
active military service on these plans.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.4
Receive an update, have discussion and provide input regarding process to fill the
position for the Director of Police and Fire Services Division - Department of Public
Safety.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rau)
Attachments: 1. Cost Differential
2. Current Public Safety Org Chart
2. Alternate Public Safety Org Chart
215
216
217
218
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.5
Discuss and take appropriate action to approve Minutes dated February 20, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes from February 20, 2006.
219
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 20, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February 20, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
TOWN COUNCIL MEMBERS ABSENT:
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Adam Adams Parks and Recreation Director
Mike Pastor IS Manager
Beth Ann Gregory Community Development Director
Patricia Adams Town Attorney
Randy Briggs Police and Fire Services Director
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:04 p.m. noting a quorum was present.
A.2 Invocation.
Beth Ann Gregory, Community Development Director gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Council member Edstrom led the pledges.
A.4 Open Workshop Session (6:00 – 7:00 P.M.) - Continue Strategic Planning Workshop session held on
January 24, 2006.
The Workshop Session was cancelled.
Public Safety Facilities
Fire Department Facilities & Equipment & Personnel
Police Department Facilities & Equipment & Personnel
General Community Facilities
Additional Facility Needs for Citizens of Trophy Club
Other General Topics
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
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*REGULAR SESSION
B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration:
May 13th Election-Applications for a place on the May 13th Ballot will be accepted until March 13th. More
information is available on the Town’s website.
Community Development:
Traffic Study – The traffic study has been completed and will be reviewed by Council this evening.
Building Addition – The building addition is near completion. We are scheduled to move in Saturday, March
4th four weeks ahead of schedule.
Parks and Recreation:
Parkland Dedication Revision: Council will be taking action at the March 6th meeting on revisions to the
Parkland Dedication Ordinance creating a Parkland appeal for developers.
Planning & Zoning:
Zoning Submissions
DR Horton: The Planning & Zoning Commission will meet in a workshop session, February 23,
2006.
Country Club Maintenance Facility: The Maintenance Facility for the Country Club is currently within
Hogan’s Glen property. Beck Properties is in the process of relocating the facility just east of the Wastewater
Treatment Plant. Staff is in the process of reviewing the site plan. This item has been scheduled for an agenda
March 2, 2006.
Platting Submissions
Trophy Club Country Club: The Country Club is in the process of platting their land. The plat will cover
approximately 290 acres. The preliminary plat was unanimously approved by the Planning & Zoning
Commission at their February 16, 2006, meeting.
Construction Plans
Eagle's Ridge II: The plans have been reviewed by the Town Engineer, and
comments have been provided to the applicant. Currently staff is awaiting the applicant’s
revisions. It is anticipated that the Town Council will be reviewing the Developer’s
Agreement sometime in March.
Ordinances
Outdoor Storage: Staff has been gathering criteria from other cities to regulate
outdoor storage for single-family and multi-family properties.
ZBA
56 Cypress Court and 18 Skyline Drive: Both property owners are requesting a
Special Exceptions to the Fence Requirements outlined in the Zoning Ordinance. The
meeting is scheduled for March 1, 2006.
Police and Fire Services:
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Police Services
Officer Conklin graduated the LETS class from Lakeview Elementary School. Director Briggs was a
guest speaker.
Mobile Cite auto citation writer for patrol units to assist court clerk in inputting information on
citations was completed.
Fire Services
Completed and Successfully submitted UASI Grant 2006 request for back-up generator for water
treatment plant.
Fire Lieutenant was accepted to National Fire Academy Training Management. This Course will be
held in March and is an elite training school for Fire Fighters with high academic requirement for
acceptance.
Currently in the purchasing phase of the 2005 UASI Grant, which is the generator and equipment for
the EOC.
Council member Williams advised that the incoming marquee at Trophy Wood is not displaying any
messages. Randy Briggs, Director of Police and Fire Services advised that he would have patrol keep on the
marquees when they are out.
B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not
it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made
to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations
on specific agenda items prior to the Council addressing those items.
J.W. Hand, 106 Red Oak Lane, Flower Mound – Addressed the Town Council regarding his candidacy for the
Texas Justice of the Peace, Precinct 4.
Holly Gray-McPherson, 521 Main, Roanoke – Addressed the Town Council regarding her candidacy for Denton
County Commissioner, Precinct 4.
Adrian Weaver, 1081 Metalmark Ct, Lantana, TX Addressed the Town Council regarding his candidacy for the
Texas Justice of the Peace, Precinct 4.
Robert Radder, 1 Lee Ct, Trophy Club, TX – Requested that in addition to the traffic study, the Council also
considered performing an Environmental impact study in regard to the new development.
B.3 Council member Cates to provide an update on the ASA program and Council to discuss.
Mayor Pro Tem Cates announced the goal is to have 87 boxes, ready to be mailed by Friday, February 24th.
Members of Council received a box to fill with their donations along with a list of items that are needed.
Mayor Sanders requested that Randy Briggs, Director of Police and Fire Services introduced the following
employees, representing A Shift; Lieutenant Gene Bates, Fire Fighters Ronnie Butsch and Dusten Hards and Public
Safety Officer Chuck Jones. Director Briggs stated that Trophy Club’s Police and Fire Department was featured in
Saturday’s issue of the Star Telegram in the North East Commentary section, Cheers and Jeers section, for
professional services provided to Delores Jeter during her recent emergency. Director Briggs thanked the
representatives from the department for a job well done.
Mayor Sanders also read a letter by a resident who wished to thank members of the Fire Department for their quick
and professional response to her medical emergency, advising that the Town can be proud to employee
these Paramedics.
D.1 Discuss and take appropriate action regarding the acceptance of the 2004-2005 fiscal year end Audit.
Council member Edstrom made a motion to accept the 2004-2005 fiscal year end Audit; Council member Williams
seconded the motion.
Jim Buxton, Financial Analyst, read the recommendations made by the Auditors and informed of the processes and
controls that are being implemented to accommodate the recommendations.
Mr. Buxton, Mr. Unger and Mayor Pro Tem Cates all commented to the professionalism and service provided by
The auditing firm of Weaver and Tidwell.
Motion to accept the 2004-2005 fiscal year end Audit passed unanimously, without any further discussion.
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Item D.3 was moved ahead of Item D.2.
D.2 Review and discussion of the Town of Trophy Club Existing Roadway and Intersection Evaluation
performed by Innovative Transportation Solutions.
Community Development Director, Beth Ann Gregory explained the ratings provided in the evaluation and
introduced Tom Rutledge from Teague, Null and Perkins who helped conduct this study.
Mayor Pro Tem Cates asked why this study did not include the entrance by the school or Marshall Creek which has
a lot of traffic.
Ms. Gregory responded that due to the limited amount of funds, they selected the most traveled streets and that we
could have expanded the survey, which would have cost more.
Mayor Sanders advised that the key points identified in this study is that the Town does have access capacity and
also gives us a good idea of the volume of traffic on Trophy Club Drive.
Mayor Sanders commented that this item does not require any Council action, but rather provided a lengthy report,
which will be provided to Horton per their rezoning petition.
Greg Lamont, 15 Lamont Drive – Addressed Council stating that if the study evaluated the intersection on Trophy
Lake Drive and Trophy Club Drive, but not 114 and Trophy Club Dr, two blocks were missed. Mayor
Sanders responded that these figures were mentioned on the report, with the exception of the measure of
the turns. Ms. Gregory gave the specifics as provided by the study.
D.3 Discuss and take appropriate action regarding a Resolution establishing an Unencumbered Fund Balance,
establishing an Adverse Contingency Reserve Fund, and adopting the calculations and methodology to
establish those funds.
Mr. Unger introduced this item stating that every year there are lengthy discussions of what amount of reserves
should be maintained and that this discussion could be short-circuited by adopting a methodology to
establish those funds. Mr. Unger continued that this Resolution has already been through Ways and Means.
Jim Buxton explained the philosophy of a reserve fund and the formula used to determine the recommend
calculation.
Council member Edstrom made a motion to approve the Resolution; Council member Williams seconded. The floor
was opened for discussion.
Council member Edstrom expressed concern that this fund is getting too low.
Mayor Pro Tem Cates advised that the suggested amount for the adverse contingency is very low, needs to be
increased by three times.
Council member Williams is comfortable with the methodology but not setting something in concrete that this
money is put away into an unencumbered fund
Mayor Sanders spoke to the Resolution establishing an unencumbered balance, however it does not address whether
these funds will be kept in a separate account or general ledger account or how the funds can be used.
Mr. Unger answered that this would allow the Town to start the fiscal year, ensuring that we had no less than the
formula as suggested, equaling $763,000.00 in the bank, leaving $658,000.00 to carry the Town until the
property tax revenues begin to flow in December/January and the other $100,000.00 would be there in case
of an emergency.
Mayor Sanders posed if we would be better served to adopt a reserve policy, as opposed to an Unencumbered Fund
Balance.
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Council member Williams agrees with adopting a reserve policy.
Council member Edstrom questioned the catalyst. Mr. Unger explained this comes up every year at budget which
prompted the development of a methodology with participation from Ways and Means.
Mayor Pro Tem Cates spoke to the idea that too much of a reserve is a bad thing but the Town has never had enough
money in a reserve fund to do things that would benefit the Town with out going out for bonds, which then
raises taxes.
Neil Twomey, 203 Oakmont Drive – Clarified that Ways and Means received direction from Council last summer to
come up with a formula and agrees with the calculation and formula submitted. Mr. Twomey advised that
they went for a minimum amount, taking into consideration the amount recently paid for a lawsuit that was
not budgeted.
Mayor Sanders reminded Council of the current motion on the table and said that he would personally agrees with
the methodology but would like to see the wording worked on.
Council member Edstrom moved to table, allowing time for staff to work on the wording and for time to work with
Mr. Buxton on calculations. Mayor Sanders suggested that Edstrom change her motion to move to refer to
the next meeting as opposed to tabling, so that Council does not have to remove it from the table.
Council member Edstrom moved to refer until the next meeting; Mayor Pro Tem Cates seconded.
Motion passed unanimously without further discussion.
D.4 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for
the referendum on traffic calming.
Ms. Gregory explained to Council that both she and Town Attorney, Patricia Adams had a difficult time
understanding Council’s expectations and asked that Council be very specific with their expectations.
Mayor Sanders commented that the simplicity of the language provided in the packet was a result of his discussion
with Ms. Gregory and Ms. Adams and Mr. Unger.
Council member Edstrom requested that the Council consider amending the Charter prior to putting this item on the
ballot. Edstrom is concerned that the Charter currently only allows for a binding referendum and that
citizens would be locked into how they vote in May. Edstrom continued that prior to going to the citizens
for a vote, we first educate the residents so that they are well aware of what they are voting for and
questioned the fervor to get this done.
Robert Radder interjected that Council voted on it and was called out of order.
Mayor Sanders cautioned Council that the discussion is whether wording on the May ballot, not the appropriateness
of buttons or stripes or whether traffic calming should be done or not done, but again, only the
appropriateness of wording to the referendum in May.
Council member Williams advised that when Council approved the pilot program the residents were told that there
would be a referendum. Williams continued that a date need to be included in the referendum and the
question to the residents should be whether they want to continue the program and should it be extend to
Indian Creek.
Mayor Pro Tem Cates recollected that the pilot program was approved for a six-month period and that the citizens
would then vote it for continuation. Cates continued that she agrees with Edstrom and that some of the
aspects of the Charter need to be revised.
224
Council member Edstrom questioned the actual action taken in October when the pilot program was approved as she
was not present a that meeting. Town Secretary, Lisa Ramsey confirmed that the motion was included in
the Minutes from the February 6th meeting, which are on the Consent Agenda for tonight’s meeting.
Mayor Sanders read the motion made in the October 3rd meeting:
Mayor Sanders called for the vote. Motion to approve the Traffic Calming project, with funding taken from Street
Maintenance, with Council including as a referendum on the ballot in May, assuming that this can be accomplished
with the Election deadlines, passed unanimously without further discussion.
Robert Radder, 1 Lee Court - Apologized to the Mayor for speaking out of turn and questioned if the Council did
not take action tonight, would there be time to add to the May ballot.
Ms. Adams confirmed that when drafting the Ordinance Calling the May Election, she would include the ballot
language for traffic calming separately so that the Council could make a decision on the appropriate
language at the March 6th meeting prior to approving the Ordinance calling the election.
Margi Cantrell, 1105 Sunset Drive - Advised Council that while she is not against a referendum that she does not
oppose a survey either, but that the public should be able to decide, but encouraged Council to move ahead.
Dennis Sheridan, 1 Hillcrest Court - Agreed that the language is convoluted and needs to be made clear and
questioned that when put to the vote, would the residents pass the change to the Charter allowing a non-
binding referendum.
Mayor Sanders advised that his concern is we get the wording right so that all residents understand and that staff is
feeling the pressure as Council has only one session left, prior to having to call the May Election.
Council member Edstrom believes that this should be done in a survey. Edstrom continued, that while we have a
Charter we also have a representative Government and in looking back to other issues that Council has
passed as a Body, as well as the potential costs associated with traffic calming needs to be considered,
questioned why Council is unable to make a decision. Edstrom would like to see this die until we have the
opportunity to put it out right.
Mayor Pro Tem Cates advised that a survey was taken and that the residents were interested in having traffic
calming and is not sure whether another survey is going to provide the Council with the information
needed.
Council member Edstrom clarified that the survey should be a very comprehensive survey and not specific to this
one issue.
Council member Williams voiced concern that this issue would be lost in this comprehensive survey.
Council member Williams made a motion to include on the May Ballot, eliminating option #1, including option #2
as is, and adding a not to exceed dollar amount for option #3; Mayor Pro Tem Cates seconded.
Mayor Pro Tem Cates amended her motion to include a cost and then suggested that this be tabled until the next
meeting.
Council member Edstrom made a motion to refer until the next meeting; Mayor Pro Tem Cates seconded.
Motion to refer to the next meeting passed 2:1, Cates and Edstrom voting for, Williams opposing.
Mayor Sanders restated Council’s direction to staff as; explore options to place cost on either over all program or
both items and allow for the vote on item 2 as to how it might continue.
225
D.5 Discuss and take appropriate action to direct staff on the inclusion of an item on the May 13, 2006 ballot to
reduce the amount of sales tax revenue allocated to an EDC and to levy a sales and use tax to provide
revenue for maintenance and repair of municipal streets.
Council member Edstrom made a motion to reduce the tax of EDC 4B by 1/8 of 1% and establish a revenue for
repair and maintenance of the streets; Mayor Pro Tem Cates seconded.
Council member Edstrom confirmed that this does not replace the need for a line item that budgets road repairs.
Mayor Pro Tem Cates commented that ¼ of 1% would be adequate and would allow EDC 4B to continue what they
are doing.
The mover modified the motion to place on ballot a proposition establishing a tax revenue allocation of ¼ of 1%
allocated to road maintenance; the second agreed.
Motion passed unanimously without further discussion
D.6 Discuss and take appropriate action regarding the appointment of either one or two representatives from
Council to participate in discussions with MUD representatives relative to providing Water and Waste
Water service to areas outside of the Municipal Utility Districts.
Mayor Sanders advised the Municipal Utility Districts have already designated two representatives from both
MUD1 and MUD2 to participate in discussions with the Town.
Council members Williams and Edstrom volunteered to participate in these discussions.
No official action taken.
D.7 Discuss and provide direction to staff regarding possible inclusion of Resident Pool User Fees on the
Town's Schedule of Fees Ordinance.
Parks and Recreations Director, Adam Adams advised that staff makes no recommendation other than to state that
the fees presented to Council in the packet are deemed reasonable, as they have been compared to other
cities with similar demographics and aquatic facilities. A majority of Park Board (8-2) voted against fees
for the 05/06 budget year.
Mayor Pro Tem Cates questioned how much of the $137,000 relates to Town Staff other than direct pool operations
personnel. Mr. Adams answered $7,600.00.
Council member Williams made a motion that pool fees be implemented as suggested for the 2006 season. The
motion died for lack of a second.
D.8 Discuss and take appropriate action regarding an interlocal agreement with Marshall Creek Park for Police
Services.
Council member Edstrom moved to approve; Mayor Pro Tem Cates seconded.
Motion passed unanimously without further discussion.
D.9 Items for Future Agenda.
·Discuss and take appropriate action approving the final format of the Year In Review Publication (March
6, 2006)
·Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance.
(March 20, 2006)
·Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
·Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
·Status of street repairs and bonds, including recommendation.
226
·Sale of Remaining Street bonds ·Discuss and present the Citizen of the Year award. (March 6th, 2006)
·Notice of Town Council Joint Budget Workshop Session with Ways and Means on March 20th, 2006.
Added:
Discuss and take appropriate action regarding the dedication of Park Land and Open Space. (March 6th, 2006)
Discussion of possible annexation of the Town of Marshall Creek. (March 6th, 2006)
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be
removed from the consent agenda and will be considered separately.
D.10 Consent Agenda: Discuss and take appropriate action approving a letter supporting TXDOT and their
proposed plan for improving access through the SH 114 / SH121 corridor.
D.11 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 6th, 2006.
D.12 Consent Agenda: Discuss and take appropriate action to approve financials dated January 2006.
D.13 Consent Agenda: Discuss and take appropriate action regarding Racial Profiling Report for 2005.
D.14 Consent Agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community
Garage Sale Permit granted by Special Privilege for the following dates: May 6th and October 21st.
Council member Williams made a motion to approve Consent items D.10 – D.14; Council member Edstrom
seconded.
Motion passed unanimously without any discussion.
D.15 Informational Only - Additional Information for Council review as provided by the Department of Police
and Fire Services.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION at 9:35P.M.
EXECUTIVE SESSION
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings
Act :
(1) Applications for Town Manager position, prescreeening, processing of applications, and interviews.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 9:57 P.M.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
No action taken.
F.1 Adjourn.
Council member Edstrom made a motion to adjourn; Council member Williams seconded.
Meeting adjourned at 10:00 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
________________________ ____________________________________
Lisa Ramsey, Town Secretary Nick C Sanders, Mayor of Trophy Club
227
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.6
Discuss and take appropriate action to approve Minutes dated March 6, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes from March 6, 2006
228
MINUTES OF BUDGET WORKSHOP BETWEEN THE TOWN COUNCIL
AND WAYS AND MEAN AND REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 6, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 6, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
TOWN COUNCIL MEMBERS ABSENT:
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Jim Hurley Police Captain
Danny Thomas Fire Captain
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
Sakura Moten-Dedrick Financial Analyst
Gary Cantrell Ways and Means Member
Neil Twomey Ways and Means Member
Dwight Morrow Ways and Means Member
Wendy Hill Ways and Means Member
A.1 NOTICE OF WORKSHOP BETWEEN TOWN COUNCIL AND WAYS AND MEANS (6:00 -7:00)
Mayor Sanders called the Regular Session to order at 6:18 p.m. noting a quorum was present.
The Workshop started at 6:21.
The Town Council, staff and Ways and Means Advisory Group discussed the 2006-07 Proposed Budget
assumptions as presented.
Interim Town Manager, Roger Unger asked for Council’s preference for the date of the next workshop. The Mayor
suggested that separate meetings be scheduled departmentally.
Workshop concluded at 7:05.
A.2 Invocation.
Pastor Joel Quile of Lake Cities Church of Christ led the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
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"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Council member Williams led the pledges.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
A.4 Town Council to Announce a "Citizen of the Year for 2004" and to present a certificate to recognition to
the recipient.
Mayor Sanders noted that the item should be Citizen of the Year 2005. Mayor Sanders
advised of the following nominations:
Jackie Stephens - Founder and Chairperson of HARM. Nominated by Neil Twomey, Bill
Matthai, Steven Kohs, Jerhea Nail and Dennis McCreary.
Robert Mastropeiro - Donates countless hours to the Explorer program serving as an
advisor. Also serves the Town as a Reserve Officer. Nominated by Donna Milks.
Steve Hawkins -Has served the Town as a Volunteer Fire Fighter for the past 12 years.
Nominated by Fire Captain, Danny Thomas.
Susan Edstrom – Serves as the President of Medlin Middle School PTO, Chairperson of
the Woman’s Club Holiday, Tour of Homes in 2005 and has been an active participant in the
Women of Government Organization. Nominated by Mike Claussen, Anna Langley and Pauline
Twomey.
Scott Voigt – Has served the Town as a commissioned Police Officer for six years and
was promoted to a Reserve Corporal in 2005, serves as an Advisor for the Town’s Law
Enforcement Explorer Post 953, assists the Police Academy as an instructor. Nominated by
Police Captain Jim Hurley.
Neil Twomey – Has worked to make the Town a better and safer place to call home for
different issues and campaigns and has served on many committees and boards as an advisor.
Nominated by Steven Kohs.
Mayor Sanders awarded Jackie Stephens as the Citizen of the Year 2005. Ms. Stephens thanked the people who
nominated her and advised that she does the work because she believes in the Town. Acknowledged Neil Twomey
for his help and dedication as well.
The Mayor pointed out that the Supreme Court has agreed to hear the case on the border dispute.
B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration
March 13th is the last day to apply for a seat on the ballot for the May 13th Election. Please schedule an appointment
to apply with Lisa Ramsey.
Community Development
Roads and Infrastructure
Repairs have been completed on several areas of Indian Creek using a polyurethane injection method to fill voids
under the concrete that were causing failure. This method is more cost affective than full concrete removal and
replacement and provides little interruption of traffic and is expected to last the life of the pavement.
Building Addition:
The Svore Municipal Building addition is substantially complete. The Town received the final inspection and
certificate of occupancy on Friday, March 3rd four weeks ahead of schedule and under budget. The portable
buildings will be removed on March 15th.
The Permitting, Building Inspection, Community Development, Streets, Planning & Zoning, Parks & Recreation,
Water Billing as well as Water and Wastewater Services offices moved into the new building this weekend. The
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contractor will finish a few remaining issues in the next couple of weeks, at which time we will have a ribbon
cutting ceremony.
Finance
Internal Review of Purchasing by the Finance Department is ongoing. All purchasing card transactions are reviewed
monthly by departmental Managers. This is the first time we have done a separate review by the Finance
Department.
Parks and Recreation
Arbor Day/Tree City
We have been recognized as a Tree City for the fourth year. The date for Arbor Day will be either March 25th or
April 1st.
EDC4A
The Park Board has submitted a prioritized list of possible projects for EDC4A funding; with Harmony Park
improvements being identified as their number one concern.
Park Board
Upon submission of Park Board's list of possible projects EDC4A will evaluate the projects and with Town Council
approval will make their funding decisions for Fiscal 06/07.
Planning and Zoning
Zoning Submissions
DR Horton: The Planning & Zoning Commission met in a workshop session, February 23, and March 2nd. The
next workshop session is scheduled for March 22nd.
Country Club East Maintenance Facility: The Maintenance Facility rezone was on the Planning & Zoning
Commission's March 2nd agenda, where they unanimously recommended approval of the request. This item will be
forwarded to the Council March 20th.
Platting Submissions
Trophy Club Country Club: The Country Club preliminary plat was approved by the Planning & Zoning
Commission February 16th and will be forwarded to the Council March 20th.
Police and Fire Services
Given the departure of Director Randy Briggs the Trophy Club Police Services Division will be overseen by Captain
Jim Hurley and the Fire Services Division by Fire Captain Danny Thomas until such time that the Town employees
a Director of Police and Fire Services.
Police Services Bureau
The Lakes HOA and the Police Services have set up three additional neighborhood crime watch programs for the
Lakes HOA. The three additional groups will meet monthly to discuss various crime watch program and techniques
for monitoring crime within each neighborhood.
Fire Services Bureau
Lieutenant Gene Bates has been accepted to the National Fire Academy. The class will be in May and the courses
will be Training Program Management.
B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not
it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made
to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations
on specific agenda items prior to the Council addressing those items.
Scott and Linda Atwater, 104 Rolling Rock Dr. Addressed the Council with a Linear Park Proposal.
Chris McAllister, 3 Greenbrook Street and Steven Kohs, 18 Overhill Drive, submitted their three minutes to the
Atwater's for additional time.
D.1 Discuss and take appropriate action regarding the proposition to be included on the May 13, 2006 ballot for
the referendum on traffic calming.
Council member Williams made a motion to approve the date as May 2008, and not to exceed a total $10,000.00,
$2,500.00 for the continuation of the traffic calming program on Trophy Club Drive from the area of Oak
Hill to Meadow Creek and $7,500.00 for the implementation of a traffic calming program on Indian Creek
Drive from Trophy Club Drive to the entrance of Harmony Park; Mayor Pro Tem Cates seconded.
Council Williams commented that the date of two years gives us time to see how this works and that pending future
development these streets could turn into four lane roads.
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Council member Edstrom stated that this was originally presented to be a model of NRH, which is a three-step
process and starts out with signage rather than striping. Edstrom also stated that she does not believe that
the elected officials should have to have an election to approve the spending of $10,000.
Mayor Pro Tem Cates reminded that Council promised the residents that they would put this to an election and that
they should do what they say.
Margi Cantrell, 1105 Sunset Drive - Spoke in favor of Traffic Calming referendum.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action regarding an Ordinance calling a Joint/General for May 13, 2006 for
the purpose of electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club
Town Council, for electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal
Utility District No. 1, and for electing two (2) Directors for four (4) year terms each to the Trophy Club
Municipal Utility District No. 2.
Council member Edstrom made a motion to approve the Ordinance, Mayor Pro Tem Cates seconded.
Council member Williams pointed out that the Alternate Judges name as listed in the Exhibit should read Judy
Williams.
Edstrom amended her motion to correct the judge’s name on the Exhibit, the second agreed.
Motion passed unanimously without further discussion.
a. Discuss and take appropriate action regarding an Ordinance calling a Special Election for the
purpose of electing one (1) Council member to serve a one (1) year term in order to complete the
term of office created by a vacancy on the Council, a Special Election with a combined ballot
pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to
reduce the amount of sales tax revenue allocated to the Trophy Club EDC 4B, and levy a sales and
use tax to provide revenue for maintenance and repair of Municipal streets, a Special Election on a
Measure to hold a binding referendum as authorized by the Charter of the Town of Trophy to
determine whether the citizens desire to continue the existing traffic calming program on Trophy
Club Drive, Special Election on a Measure to hold a binding referendum as authorized by the
Charter of the Town of Trophy to determine whether the citizens desire to implement a traffic
calming program on Indian Creek Drive.
Council member Edstrom made a motion to approve with the language for Proposition 2 and 3 as approved in D.1;
Council member Williams seconded.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding a Joint Election agreement between Town and Northwest
ISD for two (2) Board of Directors each serving a three (3) year term.
Council member Williams made a motion to approve; Council member Edstrom seconded. Motion passed
unanimously with out further discussion.
D.4 Discuss and take appropriate action regarding a Resolution establishing a 90- day operating fund,
establishing a contingency fund, and adopting the calculations and methodology to establish those funds.
Council member Edstrom moved to approve with the contingency of 4%; Mayor Pro Tem Cates seconded.
Council member Edstrom questioned what adverse affects setting the contingency too low could have on the Bond
rating.
Interim Town Manger, Roger Unger advised that this was discussed with Ways and Mean and based on experience
with MUD Bonds, too low of reserve funds will impact the bond rating and the ability to get insurance.
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Council member Williams is of the understanding that in case of an emergency, the Town could attack a line of
credit from the bank.
Mayor Pro Tem Cates stated that she feels a contingency fund of $100,000 is too low and expressed her discomfort
with this amount, even if we can draw a credit line at the bank as suggested.
Motion passed unanimously, without further discussion.
D.5 Discuss and take appropriate action regarding a repeal of Town Ordinance No. 2005-19 in its entirety, and
adopting a new Ordinance regulating the dedication of Park Land and Open Space.
Council member Williams made a motion to repeal Ordinance 2005-19 and adopt a new Ordinance regulating the
dedication of Park Land and Open Space; Council member Edstrom seconded.
Parks and Recreation Director, Adam Adams asked that Council consider the change to the Ordinance as presented
to Council in the packet and as approved by Town Attorney, Patricia Adams; to remove Parks and
Recreation Board from the first sentence and or Board from the second sentence of Section 8.
Council member Williams amended his motion to include the change as suggested, the second agreed.
Motion passed unanimously without further discussion.
D.6 Discuss and take appropriate action regarding accepting and awarding the Engineer's recommended bid for
Storm Sewer maintenance on Inverness Drive.
Community Development Director, Beth Ann Gregory explained the Bids as presented in the Bid Tabulation and
further advised the Council that the due to limited funds, staff recommends awarding the Base Bid and
Alternate A in the total amount of $64,142 to Bil-Mik, Inc. Bil-Mik was the low bidder and we have had
positive experience with them on previous jobs. At Fiscal Year End 2005-06 we had $64,055.88 plus
interest available in our storm sewer GASB fund to cover the cost of this project.
Council member Edstrom moved to accept the base bid and alternate A, awarding to the low bidder with the funds to
be taken out of GASB; Mayor Pro Tem Cates seconded.
Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding the acceptance or rejection of an offer of donation of a mini-
van to the Explorer and SRO program.
Police Captain, Jim Hurley and Fire Captain, Danny Thomas both feel that the department has sufficient vehicles
and the cost of having insurance on this vehicle was greater than what would be required to rent a vehicle if
needed.
Council member Williams moved to decline this donation, Council member Edstrom seconded.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action approving the final format of the Year In Review Publication.
The Council suggested the following changes:
Remove the holiday picture for the cover
Remove last bullet under police service and include legal service
Suggested that the Boards and Advisory Group members names be listed.
Mayor Sanders confirmed that the Year in Review would be saved in a PDF format to be downloaded to the website
and that 500 hard copies would be available for new citizens .
D.9 Items for Future Agenda.
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Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage
ordinance. (March 20, 2006)
Long-term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Notice of Town Council Joint Budget Workshop Session with Ways and Means. ( March 20th, 2006)
(REMOVE)
Discussion and appropriate action for Personnel Policies. ( March 20th, 2006)
Discussion and appropriate action for the Purchasing Policies (April 3rd, 2006)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of possible annexation of Marshall Creek.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
D.10 Consent Agenda: Discuss and take appropriate action regarding the submission of the Grant application for
the School Resource Officer Program for the 2006-07 fiscal year.
D.11 Consent Agenda: Discuss and take appropriate approving a Resolution authorizing the use of at least one
DAU accessible voting system to assist voters with the physical disabilities as required under the Help
America Vote Act of 2001.
Council member Edstrom made a motion to approve Consent Items D.10 and D.11; Council member Williams
seconded.
Motion passed unanimously without any discussion.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION 8:37
EXECUTIVE SESSION
E.1 Consultation with attorney on pending or contemplated litigation or on a matter in which the duty of the
attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State
Bar of Texas clearly conflicts with the open meetings act (§551.071 [a] & [b]):
To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings
Act :
(1) Applications for Town Manager position, prescreening, processing of applications, and interviews.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 9:10
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
Council directed staff schedule interviews for Saturday, March 18th.
F.1 Adjourn.
Council member Williams made a motion to adjourn; Council member Edstrom seconded.
Meeting adjourned at 9:12 P.M.
____________________________________________
Mayor, Town of Trophy Club
_________________________________
Town Secretary, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.7
Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for
resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for
Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discuss and take appropriate action regarding amendments to the
restrictions on the outdoor storage ordinance. (April 20th, 2006)
Discussion and appropriate action for the Purchasing Policies (April 3, 2006)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore
Drive and consideration of improvements for area to create a linear park.
Unitization Agreement with Encana for lease of mineral interest under
Harmony Park (April 3, 2006)
Interlocal funding agreement between Town and MUDs for the building
addition and maintenance building utilized by Parks and Recreation and the
Water Department (April 3, 2006)
Discussion and appropriate action regarding approval of a Development
Agreement for Eagles Ridge Phase II.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. N/A
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.8
Informational Only - Additional Information for Council as provided by the
Department of Police and Fire Services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(jh)
Attachments: 1. Monthly Stats
236
237
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.9
Consent Agenda: Discuss and take appropriate action on the approval of a use
policy for the Public Services Conference Room.
EXPLANATION:
The following policy is provided for Council approval for the public use of the Public Services
Conference Room. This policy is similar to the one for the use of the Board Room, but the Town
Manager is the approval authority for this facility.
The room will be available for public use once we are able to secure the back office with an
access control system. However, we wanted to have the policy in place when it is available. We
are currently getting estimates for that installation and notification will be given Council as well
as the residents when the installation is complete.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Use Policy for Public Services Conference Room
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Policy: Building Use Policy - Public Services Conference Room
Source: Town of Trophy Club
Category: Trophy Club Public Services Building
Effective Date: March 4, 2006
Revised Date: --
I. PURPOSE.
The purpose of this policy is to serve as a guideline for the management and scheduling
of uses within the Trophy Club Public Services Building, to balance the requirements necessary
to conduct public business with the needs of citizen and community-based access and use of the
Public Services Building.
II. BUILDING USE PRIORITY.
Use of the Trophy Club Public Services Building shall be for the primary purpose of
conducting official public business on the behalf of the Town of Trophy Club (“Town”) and the
Trophy Club Municipal Utility District (“MUD”). Meetings of the Town Council, MUD Boards,
Town Committees or, Town-appointed boards and commissions, and Town and/or MUD
departments shall take precedence over other community uses of the facility.
III. PUBLIC SERVICES BUILDING FACILITIES AND PERMITTED USES.
A. Public Services Conference Room – The Conference room can be made
available for community use during non-business hours when the area is not
previously scheduled for MUD or Town business.
B. Employee Break room – Not available for public access.
C. Employee Offices – Not available for public access.
D. Fundraising Events in Trophy Club Public Services Building – Fundraising
events may NOT be held in this building.
IV. APPROVAL PROCESS.
A. Approval Authority – The Town Manager may approve events that meet the
criteria described, and may provide explanation as to other criteria considered in
processing the request.
B. Request Review – The Town Manager or his designee will review and approve
or deny the use request based upon criteria including, but not limited to, the
following:
1. The request being reasonably related to Town or MUD business;
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2. The request is of a not-for-profit nature and is associated with a community
organization associated with the Town or MUD;
3. The facility may not be used for commercial purposes or the promotion or sale
of products;
4. The event will not cause a detrimental impact to Town and/or MUD staff and
available resources, or the physical capacity of the requested location to host
the event, including, but not limited to:
(a) The parking capacity and the potential impact of the requested event on
other planned events.
(b) The number of planned participants and the traffic impact upon the
location.
(c) Other scheduled events and/or uses of the location that increase the usage
of the Public Services Building above the recommended capacity.
C. Appeal of the Town Manager’s Decision – If the event does not meet the
stipulated criteria or the application is not approved, the requestor may petition
the Town Council for review and approval or denial. The Council’s decision shall
be final.
V. SCHEDULING PROCEDURE.
A. Required Notice – Written requests in the standard format for reservations shall
be submitted to the Town Manager’s Office for review. In order to consider a
request, the Town Manager must receive the request form for community use of
the building at least ten (10) business days prior to the requested time. For
information regarding reservations for the Trophy Club Public Services Building
Conference Room, please call (682) 831-4602, or submit a request in writing to
the following address:
Town of Trophy Club
Attn: Reservation Request for Use of Public Services Building
100 Municipal Drive
Trophy Club, Texas 76262
B. Required Notice of Cancellation – The Town requires notice of any
cancellations within a forty-eight (48) hour period prior to the reservation time;
failure to comply may be grounds for the denial of the privilege of reserving
facilities in Trophy Club Public Services Building in the future.
C. Non-Approval of Submitted Multiple Dates – In order to maximize the
availability of the facility for community use, consideration of requests will be on
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a case-by-case basis. Multiple dates for community use submitted at one time
will not be approved.
D. Reservation Overrides – The Town shall have the authority to schedule priority
functions that may necessitate the removal of community use activities previously
scheduled. If such change is required, the Town Manager or his designee shall
notify the contact person identified on the submitted request form as soon as
possible and will attempt to reschedule the event.
VI. USE REGULATIONS.
A. Access During Non-Business Hours – A key must be picked up from a staff
member during regular business hours: 8:00 – 5:00, Monday - Friday. If the key
is not picked up during these hours, the building cannot be used as planned. No
one will have the authority to contact a Town or MUD employee or
representative, outside of regular business hours to gain access to the building, for
any reason.
B. Assessment of Cleanup Fees – Upon approval of reservation request, the applicant
will submit to the Town Manager’s Office the applicable cleanup fee for the event
category (please refer to Appendix “A” for clarification of the applicable fees).
Payment of the applicable fee must be received by the Town Manager’s Office at
least forty-eight (48) hours prior to the reservation period, or the approved request
is subject to cancellation.
Cleanup fees will be returned to the applicant upon staff review and approval of
the condition of the area utilized by the applicant and/or organization. If a
determination is made that the facility is damaged beyond normal wear, the Town
will retain the cleanup fees.
C. Equipment – As general practice, due to the sophisticated systems within Trophy
Club Public Services Building and limited staffing, utilization of the building’s
audio / visual system is prohibited.
D. Access to Parking at the Public Services Building – As a general practice, the
parking area adjacent to the building will not be reserved for the exclusive use of
the Public Services Building, but will be available for use by visitors and
employees of the Public Services Building.
E. Prohibited Activities – The following prohibitions shall apply:
(a) Decorations – Decorations may not be affixed to any walls, furniture,
furnishings, or equipment. Questions regarding allowable decorations may be
directed to the Town Manager’s Office for clarification prior to the
reservation time.
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(b) Smoking and alcoholic beverages – Smoking and alcoholic beverages are not
allowed anywhere in the Public Services Building.
(c) Partisan political or religious activities – Partisan political forums or religious
activities are not allowed in the facility.
(d) Possession of firearms – Civilian possession of firearms is prohibited in the
Public Services Building.
VII. APPLICANT AND GROUP RESPONSIBILITIES.
A. Facility Setup – The responsibility for setting up tables and chairs (if applicable)
shall remain with the applicants or organizations making the reservation. The
Town does not provide staffing or material(s) to aid in the setup or cleanup of the
facility.
B. Facility Cleanup – If applicable; tables, chairs, and any provided equipment must
be returned to its original arrangement when the use of the facility is complete.
The applicant must remove all trash, equipment, and decorations at the end of the
reservation time. Facilities must be left in good, clean condition upon completion
of the activity. The applicant making the reservation shall be responsible for
turning off all lights, returning thermostats to the normal setting, securing the
facility, and returning the key and the Appendix B Checklist for Conference
Room Use by placing both in the “Water Payment” drop box immediately
following the event.
C. Responsibility for Damages – The applicant making reservations is responsible
for any damage to the facility during the reservation period, and cleanup fees may
be retained by the Town for damages beyond normal wear and tear. In addition,
the Town reserves the right to assess additional charges for damages, as
warranted, and that applicant is subject to applicable criminal and/or civil
penalties. Finally, damages to the facility by individuals or groups may result in
the denial of future reservation requests.
VIII. COMPLIANCE WITH PROCEDURES, POLICIES, AND ORDINANCES.
A. No beverages or food may be served or consumed in the Conference room.
B. Required Compliance – Users must comply with procedures, policies, restrictions,
and all pertinent ordinances of the Town. Any questions arising about items not
specifically addressed in this policy should be referred to the Town Manager’s
Office.
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IX. NON-DISCRIMINATION.
A. Intent of Non-Discrimination – The Town will not discriminate against any
person or persons because of their age, sex, race, religion, color, or natural origin,
nor will the Town permit the individuals or organizations making the reservations
to engage in such discrimination.
X. RELEASE OF LIABILITY.
A. Indemnification – With submittal of the use application, the applicant agrees to
indemnify and hold harmless the Town of Trophy Club, its officers, agents,
servants, and employees, from and against any and all claims or suits for bodily
injury, illness, death, personal injury or property damage (including, without
limitation, reasonable fees and expenses of attorney, expert witnesses and other
consultants) arising out of any negligent act or omission committed by the
applicant, its officers, employees, agents, guests, and invitees, in connection with
the activities conducted under this agreement. This indemnification shall
specifically include any claims arising from the negligence of the Town, its
agents, officials, and employees.
B. Responsibility for Property - The Town assumes no responsibility for property
placed in the facility in connection with the use of the facility.
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Appendix B
Public Services Building Conference Room Reservation Form
Please return this form to: Town Managers Office
100 Municipal Drive – Trophy Club, Texas 76262
Phone (682) 831-4602 - Fax (817) 490-0705
Organization:
Request submitted by: Date:
Date of Event:
Time of Event: From: AM / PM To: AM / PM
Facility Requested: Public Services Building Conference Room
Type of event: Description of Event (include estimated space and parking requirements, number of
planned participants, an estimated turnover time among participants, the time and
resources the applicant(s) have contributed to the planning of the event, etc.)
Contact Person: Work Phone:
Home Phone: Mobile Phone:
Address:
Town State Zip Email Address (If applicable)
Alternate Contact: __________________________________ Alternate(s) for key pick-
up:____________________________________________________
Home: ___________________________ Mobile: ___________________________ Work: ______________________
WITH SUBMITTAL OF THIS APPLICATION, THE APPLICANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE TOWN OF
TROPHY CLUB, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, REASONABLE
FEES AND EXPENSES OF ATTORNEY, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF ANY NEGLIGENT ACT OR
OMISSION COMMITTED BY THE APPLICANT, ITS OFFICERS, EMPLOYEES, AGENTS, GUESTS, AND INVITEES, IN CONNECTION WITH
THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS
ARISING FROM THE NEGLIGENCE OF THE TOWN, ITS AGENTS, OFFICIALS, AND EMPLOYEES.
Upon approval, this signed application entitles the scheduled user to use of the requested facilities herein. This reservation takes priority
over any first-come users or non-reserved parties, except official Town or MUD business. The applicant guarantees the
reimbursement for any and all damages to be paid to the Town of Trophy Club.
_________________________________________ ____________________
Applicant Date
________________________________________ ____________________
Town Manager or his designee Date
Deposit paid: ______________ (date) ____________(amount) Deposit refunded: _______________ (date)
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APPENDIX A
COMMUNITY USAGE CLEANUP FEES ASSOCIATED WITH
PUBLIC SERVICES BUILDING RESERVATIONS
A. Cleanup Fees for Community Usage of Public Services Building – The
following cleanup fees are to be assessed for community use of the Public Services
Building facility. Upon approval, the applicable fees are to be remitted to the Town
Manager’s Office at least forty-eight (48) hours prior to the reservation time. The
fees will be returned to the applicant upon staff review of the facilities utilized at the
conclusion of the reservation period, and a determination is made that the facilities
were in good condition, and the area was returned to its original condition. The
Town reserves the right to keep the fees if it is determined that the facilities were not
left in good condition, or that damages beyond normal wear and tear exist.
Meetings / Events – No Food and Drinks, limited usage of the area - $100.00 Deposit.
B. Responsibility for Damages – The applicant making reservations is responsible
for any damage to the facility during the reservation period. The Town reserves the
right to assess additional charges for damages, as warranted, and the applicant is
subject to applicable criminal and/or civil penalties as a result of damaging the
facility.
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APPENDIX B
CHECKLIST FOR USE OF PUBLIC SERVICES CONFERENCE ROOM
________ Turn in Reservation Form along with a check for $100.00 to Town staff.
________ Call 682-831-4602 to check on availability of the Conference Room.
________ On day of reservation, have authorized person pick up key before 5:00 p.m.
If key is not picked up, the room CANNOT be used. Office hours are M - F,
8 - 5. An employee cannot be called after hours to come unlock the
building.
_______ The lights are on the left as you enter the Conference Room.
_______ Please make special note as to how you find the room, as it must be returned
to its original state prior to leaving.
_______ Prior to leaving the building, please adjust A/C/heat to read 65 degrees in the
winter and 78 degrees in the summer. Thermostat is located on wall in
hallway just outside Conference Room door.
_______ Make sure to take all trash with you as you leave.
_______ Make sure all lights are turned off.
_______ Make sure door is securely locked.
_______ Place key inside the payment drop box.
_____________________________ Signature of Applicant (to be returned with key)
246
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.C.10
Consent agenda: Discuss and take appropriate action to approve financials dated
February 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
247
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.E.1
To discuss or deliberate the appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee pursuant to Section
551.074 (a) (1) of the Texas Open Meetings Act:
(1) Discussion regarding interviews for Town Manager candidates.
248
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to appointment of Town Manager.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
249
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 3-20-2006
Subject: Agenda Item No.F.1
Adjourn.