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2006-25 13.05 - Temporary Light Duty A full-time employee who is eligible for sick leave or occupational injury leave may be required to and/or may volunteer to return to work for an available temporary light duty assignment if it exists. The need and appropriateness of a light duty work assignment shall be determined by the Department Director in consultation with the employee and the employee's physician. An employee on light duty may be assigned to work in any Village department. A light duty assignment generally shall not exceed sixty (60) calendar days and may be terminated by the Village prior to that time limit; unless mutually agreed upon advice of the employee's physician and a Village assigned and paid physician, in consultation with the Department Director. Temporary light duty may be extended by the Department Director. Nothing herein shall be construed to require the Village to create or maintain a light duty assignment for an employee. Employees will only be assigned light duty assignments when the Village determines that the need exists and only as long as such need exists. 13.06 - Family and Medical Leave Pursuant to the Family and Medical Leave Act of 1993 ( "FMLA'), the Village shall grant up to twelve (12) weeks of job protected unpaid leave of absence within any rolling (12) twelve -month period to an eligible employee for one or more of the following reasons: (a) the birth and care of the employee's child (expires 12 months after delivery); (b) the placement of a child with the employee for adoption or foster care (expires 12 months after placement); (c) to care for the employee's spouse, son, daughter, or parent, who has a serious health condition; or (d) when the employee is unable to work because of ' a serious health condition that makes the employee unable to perform his or her job. A. Procedures An employee must notify his/her Department Director of the need for a FMLA absence, as set forth in subsection D of this Policy The employee must complete a FMLA Acknowledgment of Responsibilities Form and submit it with appropriate documentation (see subsection E) to request and obtain approval for a FMLA Leave. The Medical Certificate must be submitted by the employee to the Director of Human Resources within 15 calendar days of the employee's receipt of Acknowledgment of Responsibilities Form. B. Provisions 1. Time Allowed An eligible employee is entitled to up to 12 weeks FMLA Leave within a rolling twelve month period. Leave taken to care for a newborn or newly - placed child must be taken continuously, unless otherwise agreed to by the Village, in which case leave may be taken in increments of one full work day. 36 C. A father and mother, both of whom are employed by the Village, will be entitled to a combined total of 12 weeks in a calendar year to care for a newborn or newly -placed child. The Village will exercise its right to designate time off due to injury on or off duty or sickness as FMLA and will deduct that time from the employee's 12 -week entitlement. Such time off will run concurrently. 2. Job Benefits The Village requires that its employees use all available vacation, sick days, and holidays while off on FMLA leave and such time will run concurrently with the start of the FMLA leave period. If an eligible employee expresses the desire to take disability leave through the Illinois Municipal Retirement Fund ( "IMRF") instead of first exhausting their vacation time, they may do so. The employee must follow IMRF's policies in applying for disability benefits. Temporary disability leave will run concurrently with FMLA leave. The Village will maintain the employee's health coverage as if the employee was continuously in service for the duration of the approved FMLA leave. An employee who is making necessary health insurance payments prior to the leave must continue to make such payments while on leave or authorize appropriate payroll deductions upon return. Failure to timely submit the employee's portion of the insurance premiums may result in loss or benefits. To be eligible for time off under this FMI.A policy, an employee must have worked for the Village: 1) at least 12 months (need not be consecutive) and 2) at least 1,250 hours in the prior 12 month period before the commencement date of the leave. Time is calculated based on the amount of actual time worked and not based on time paid but not worked. D. Notice The employee must provide notice of his/her intended FMLA leave or the need to be off for an FMLA qualifying reason as soon as possible. When leave is foreseeable, the employee must give at least 30 days' advance notice and complete the FMLA Acknowledgment of Responsibilities form in a timely manner. If a 30 -day notice is not practicable„ then the employee must provide notice and complete the FMLA Acknowledgment of Responsibilities form as soon as practicable (i.e., usually within one (1) or two (2) business days from when the need for the leave becomes known to the employee). If the employee fails to provide a 30-day notice when FMLA leave is foreseeable and the Village, needs extra time to prepare for the leave, the Village may delay the start of the leave for up to 30 days from the date notice was actually received. Failure to provide timely notice and/or failure to timely submit a completed Acknowledgment of Responsibilities form as required, may result in disciplinary action and/or delay or loss of benefits under this Policy. 37 E. F. G. H. I. Examples of acceptable documentation Type of leave 1. Birth of employee's child 2. For mother's prenatal and postnatal care, 3. Placement of a child with employee for foster care 4. Care for employee's spouse, son, daughter, or parent with a serious health condition 5. Serious health condition which makes employee unable to perform his or her job Deadline for providing documentation Documentation required Birth Certificate; Medical Certificate Certified legal record of adoption or placement Medical Certificate Medical Certificate The legal record of placement and/or the birth certificate must be returned to the employee's supervisor within 15 calendar days from the employee's receipt of Acknowledgment of Responsibilities. The Medical Certificate must be returned to the Director of Human Resources within 15 days of receipt. If the employee fails to timely submit the Medical Certificate, the Village may deny or delay leave until it receives the Certificate. If the employee does not provide documentation or does not provide it in a timely manner, the Village may deny the employee's request for leave. Failure to provide appropriate documentation in a timely manner may result in disciplinary action according to the normal applicable attendance guidelines for the Department. The Village may require periodic reports from the employee regarding his/her status and intention to return to work in accordance with the FMLA. Additionally, an employee on FMI.A leave may be required to recertify the need for continued FMLA leave periodically as permitted by law. Employee Equipment All employees going on FMLA leave for longer than thirty (30) calendar days must return their property/equipment belonging to the Village on the day before the commencement date of the leave, unless other arrangements are made and approved by the employee's Department Director. Secondary Employment Engagement in any occupation or other employment while on FMLA leave without express written consent of the Village may result in termination no matter when discovered. Employees must follow applicable secondary employment procedures within their respective departmental rules and regulations even while on an approved leave of absence. Reinstatement Any employee returning from FMLA leave for his or her own illness must obtain a release to return to work from his or her own physician. 38 Upon return from FMLA leave, the employee shall be restored to his or her original position or an equivalent position with equivalent pay, benefits, and other employment terms. However, a key employee, in the top 10% of all salaried Village employees, may be denied restoration if necessary to avoid substantial and grievous injury to the Village. An employee has no greater right to reinstatement than if the employee has been continuously employed during the FMLA period. J. Discipline No employee shall be disciplined for taking an approved FMLA leave. However, the Village may discipline an employee for failing to timely and fully comply with the requirements of the FMLA, including abuse of FMLA leave benefits and/or any misrepresentation relative to the FMLA request, and/or any other violation of the Village or Departmental Rules and Procedures. Time off taken but not approved under the FMLA will be treated in accordance with the normal attendance guidelines applicable to similarly situated employees in the Department. 39 BUFFALO GROVE PERSONNEL MANUAL Chapter 14.00 - Special Leave Sections: 14.01 Approval Authority 14.02 Bereavement Leave 14.03 Court Leave 14.04 Voting Leave 14.05 Military Leave 14.06 Military Training Leave of Absence 14.07 Leave of Absence Without Pay 14.08 Occupational Injury Leave 14.09 Absence Without Leave 14.01- Approval Authority CHAPTER 14.00 SPECIAL LEAVE A Department Director may approve requests for special leave as defined hereinafter in accordance with procedures established by the Village Manager. Unless otherwise provided in this Chapter, employees with six (6) months or less of service may apply for special leave without pay. Employees with more than six (6) months of service may apply for special leave with pay. 14.02 - Bereavement Leave Bereavement leave may be granted for a maximum of three (3) working days to all full-time and part- time employees and for a maximum of one (1) twenty. four (24) hour shift to sworn fire personnel assigned to shift duty, in the event of a death in the employee's "immediate family". In extenuating circumstances, the Village Manager may approve leave in case of death of other relatives not covered by the definition, of "immediate family" on an unpaid basis. When a death occurs in the immediate family of an employee, the individual department may send flowers, or make a contribution in lieu of flowers, in the name of the Village of Buffalo Grove. Any additional flowers or contributions from the Department or from individuals will be done on the basis of individual contributions and not from budgeted funds. 14.03 - Court Leave A full-time employee subpoenaed as a witness in a civil or criminal case, or selected to serve on a jury may be granted paid leave during his/her absence; provided, however, that he/she provides the Department Director with a certificate evidencing that he /she appeared and served as a juror or submit a copy of his subpoena if a witness and shall remit to the Village any juror or witness fees in order to receive pay for such jury service and related travel expenses. All payments provided by a court or party for jury or witness service shall be turned over to the employee's Department Director within two (2) weeks of returning from the leave. The payment shall be transmitted to the Director of Finance for deposit. An employee may not be paid for any such hours if the employee's testimony relates to any case in which the employee is a party. Once, the employee's testimony is complete, he /she shall return to work for the remainder of his/her work shift unless otherwise instructed by the Department Director or his/her designee. 40 14.14 - Voting Leave Full-time employees who live at such distances from the Village or who work such hours as to interfere with the open polling periods for voting in federal, state, or municipal elections may receive up to two (2) hours off work with pay for the purpose of voting. Requests must be submitted to Department Director at least three (3) business days prior to the election. Where practical, leave must occur during the first two (2) hours of the employee's scheduled shift. 14.05 - Military Leave A. Fliafll ty: Employees leaving the service of the Village for the express purpose of entering the active uniformed service of the United States during a national emergency, drafted into such service or employees subject to compulsory service who voluntarily enlist and/or as otherwise permitted by law, shall be granted a military leave of absence without pay in accordance with applicable law. The term "uniformed service" as used herein shall include the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard and all auxiliary branches of said services in which either men or women shall be called to service, but generally shall not include services as civilian employees of any of the services, except as provided by law. The term "national emergency" as used herein shall exist during such period as determined by the State and/or Federal government. B. Re- employment: An employee returning from military leave shall be entitled to re- employment benefits in accordance with applicable law. C. Salary: An employee returning from military leave may be reemployed at the same rate of pay he /she had attained, plus any cost of living adjustments, if applicable, when granted a military leave. Any employee reemployed shall be eligible for a merit increase upon completion of one (1) year of service which shall include his time between his last merit increase and the date military leave was granted to him/her. D. Disposition of Vacation and Sick Leave: An employee who leaves the municipal service directly for such military leave, may elect to be paid for any accrued vacation as he /she may be entitled to if he were actually separating from the Village service. His/her decision shall be noted on the personnel action form affecting the leave. If the employee elects not to be paid for vacation leave, then accrued vacation credits shall be reinstated upon return of the employee. Accrued sick leave shall be reinstated upon return of the employee in either case. Employees may be entitled to time off, benefits, payments and re- employment rights in accordance with the then - applicable state, federal and local laws. 14.06 - Military Training Leave of Absence The Village complies with all applicable state, federal and local laws regarding military leave, benefits and reinstatement. 41 14.07 - Leave of Absence Without Pay A. Full-time employees may be granted leave of absence without pay for personal reasons when recommended by a Department Director and approved by the Village Manager for compelling personal circumstances which are deemed reasonable by the Department Director and Village Manager. The Village Manager shall establish the terms and conditions of such leave. B. Requests for leave of absence without pay must be submitted in writing and shall specify the reasons for the requested leave. Leave may be extended beyond that originally approved, but in no event shall the original leave and any extensions exceed twelve (12) consecutive calendar months. The only exception is as required by law to reasonably accommodate an individual with a disability or handicap. C. Requests for time off, including any extensions, must consider the possibility of part -time employment with the Village during the leave period. D. An employee granted a leave of absence without pay may keep his life and health insurance in AM force during his leave by arranging to pay the premiums during the period of his leave. Failure to make such arrangements, or regularly scheduled premium payments at the beginning of each month, may result in cancellation of the benefits. If a benefit is canceled, the rules and regulations of the carrier and any applicable laws shall apply when the employee returns and seeks such coverage. E. An employee's anniversary date shall change to the date of when the employee returns from leave. F. Employees requesting a leave of absence without pay must be aware that any position may be eliminated or substantially changed. Therefore, absolute assurance of reinstatement cannot be given. However, the Village will consider placing the former employee in a suitable position to be determined by the Village if a position exists for which the employee is qualified upon expiration of a scheduled and approved leave of absence. G. Employees returning from a leave of absence without pay generally will return at the same rate of pay held at the time the leave commenced, including any cost of living adjustments if applicable, unless substantial change in the position or placement in another position has occurred. H. Failure of an employee to report for duty within three (3) working days of the scheduled expiration of leave shall result in termination due to voluntary job abandonment. 14.08 - Occupational Injury Leave Any employee who sustains an on the job injury or illness shall report such injury or illness, regardless of severity, to his immediate supervisor prior to the end of their assigned work day. The immediate supervisor will prepare required reports of such injuries as soon as practical following notification by the injured employee. Employees injured on the job are covered by the Illinois State Workers' Compensation laws. This law provides specific benefits. It is the policy of the Village to provide compensation to an employee injured on the job which, together with workers' compensation payments, equal the full salary of the employee, until the employee becomes eligible for other disability benefits, pursuant to the Illinois Public Employees Disability Act. 42 Supervisors shall be responsible for the investigation of accidents or injuries involving employees assigned to their work unit. Every effort shall be made to determine the causes of accidents or injuries and take preventive measures as appropriate. 14.09 - Absence Without Leave Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action, up to and including dismissal by the Department Director. In the absence of such disciplinary action, any employee who absents himself for three (3) or more days without authorized leave shall be deemed to have voluntarily resigned. When extenuating circamstances are found to have existed, leave may be granted retroactively upon recommendation by the Department Director and approval by the Village Manager in accordance with the V'illage's FMLA policy only 43 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 15.00 INSURANCE AND RET REMENT PLANS Chapter 15.00 - Health and We Insurance and Retirement Plans Sections: 15.01 Health and Life Insurance 15.02 Retirement Plans 15.03 Continuation of Benefits 15.04 Continuation of Benefits Upon Retirement 15.01- Health and We Insurance Eligible Full -time employees will be enrolled in the Village's group life, dental, and medical insurance program in accordance with the terms and details of the then - applicable plan documents. Eligible dependents will be enrolled in the Village's medical and dental insurance program. 15.02 - Retirement Plans Full-time employees will be enrolled as a participating member of an appropriate Village retirement plan when eligible in accordance with the remaining terms of the then applicable retirement plan. 15.03 - Continuation of Benefits (COBRA) A. Under the provisions of The Consolidated Omnibus Reconciliation Act of 1986, as amended C' COBRA!), employees and/or their eligible dependents may elect to continue their group health insurance coverage if they meet applicable eligibility requirements. B. The employee or dependent is responsible for notifying the Village that one of the qualifying events has occurred and the employee or dependent may be responsible for paying up to 102% of the premium as provided by law. C. Generally, coverage may be continued for up to eighteen (18) months. The employee and dependent(s) have up to sixty (60) days from the date that coverage would end, due to the occurrence of one of the qualifying events mentioned above, to inform the Village that they wish to continue any of the group health benefits. D. Continuation coverage may extend from 18 months to 29 months for an individual who is disabled (as defined by the Social Security Administration) at the time of termination or based upon a reduction of hours, provided that individual has given notice of the disability within 60 days of the Social Security determination and requested the extended continuation period before the end of the first 18 months. E. COBRA also provides that continuation coverage will end for any of the following: 1. The cost of continued coverage is not paid on or before the date it is due; or 2. The covered person becomes eligible for Medicare; or 3. The covered person becomes covered under another health care plan; or 4. The plan temiinates for all employees. 44 15.04 - Continuation of Benefits Upon Retirement Under the terms and conditions of the Illinois Pension Code, eligible retired employees and their qualified dependents may continue to participate beyond the time limit as provided under COBRA, at their own expense, in the Village's health insurance program. Eligible dependants may maintain coverage if they continue to be eligible at the time the retiree becomes eligible for Medicare coverage. 45 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 16.00 SEPARATION AND DISCIPLINARY ACTIONS Chapter 16.00 - Separation and DiscivHnary Actions Sections: 16.01- Resignations 16.02 - Termination 16.03 - Return of Village Property 16.04 - Discipline 16.05 - Disciplinary Actions 16.06 - Reduction in Force Layoff 16.07 - Retirement 16.08 - Exit Interviews 16.01- Resignations Any employee may resign from the municipal service, for any reason, by presenting his resignation in writing as contained herein. Department and Division Directors must present notice of resignation no less than four (4) weeks prior to its effective date. All other employees must present such notice of resignation no less than two (2) weeks prior to its effective date. Resignations shall be promptly forwarded to the Village Manager. A resignation once submitted may only be withdrawn by the employee with the approval of the Village Manager and Department Director due to extraordinary circumstances. If triggered by any other provision of this Manual, a resignation is effective upon the event which caused the resignation even in the absence of written notice from the employee. 16.02 - Termination Employees may be discharged at any time and for any reason, including for cause, due to unsatisfactory performance, violation of Village rules and regulations, inability to perform the essential functions of their position with or without a reasonable accommodation, lack of funds, curtailment of work, or any other reason deemed sufficient by the Village. Unless provided otherwise in a written collective bargaining agreement between the Village and the covered employee, all employees are employed without a specific term or duration and both the Village and the employee may end their relationship at any time and for any reason. 16.03 - Return of Village Property Employees separating from the municipal service for any reason shall, prior to separation, return all Village owned or leased property and equipment in his/her possession and repay any outstanding debts owed to the Village (e.g. computer loan). 16.04 - Standards of Conduct It shall be the duty of all employees to maintain high standards of conduct, cooperation, efficiency, and economy in their work for the Village. Department Directors and supervisors shall attempt to organize and direct the work of their units in a manner calculated to achieve these objectives. Whenever conduct of an employee falls below a desirable standard, supervisors may point out the deficiencies at the time they are observed. Corrections and suggestions should be made in a constructive and helpful manner in an effort to elicit the cooperation of the employee. In certain circumstances and for 46 particular employees, it is not appropriate to point out the deficiencies when they are observed and these situations will be handled on a case -by -case basis within the discretion of the Department Director. Any action or omission which could or does reflect discredit upon the municipal service or is a direct or indirect hindrance to the operations of the Village government shall be cause for disciplinary action, up to and including dismissal. Circumstances constituting reasons for disciplinary action include but are not limited to the following. This list is not all inclusive and discipline may not be appropriate in all cases: A. The on duty use or illegal handling/possessing of alcoholic beverages or controlled substances, as previously defined in this Manual. B. Conviction of a crime involving moral turpitude or infamous or disgraceful conduct for which records have not been expunged or sealed. C. Offensive, inappropriate or negative attitude, conduct or language directed toward the public or toward Village officers or employees. D. Incompetence, negligence, inefficiency, failure or inability, with or without a reasonable accommodation to perform the duties required. E. Damage or negligence in the care and handling of Village property. F. Violation of any lawful official regulation, departmental rule or a superior's directive amounting to an act of failure to follow directive, failure to perform, insubordination, including where such an act or inaction results in loss or injury to the Village or to the public. G. Commission or omissions of acts unbecoming of an incumbent of the particular office or position held. H. Violation of any of the provisions of the personnel rules, Village ordinances or any applicable administrative regulation of the Village. I. inducing, encouraging or attempting to induce any officer or employee in the municipal service to commit an illegal act, to act in violation of any lawful departmental or official regulation or order, or to participate therein. J. Solicitation, request, receipt or participation in any fee, gift, or other valuable thing that is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons. IC Use or attempted use of political influence or bribery to secure advantage in an examination, transfer, evaluation and/or promotion. L. Failure to pay just debts due or owing, including taxes, licenses, or fines due the Village, or failure to make reasonable provision for the future payment of such debts, thereby causing annoyance or embarrassment to the Village, the employee's supervisors or embarrassment to the municipal service. M. Absence from duty, including emergency or after hours work when the employee is "on call", without approval and in accordance with the leave provisions of this Manual, including "leave earlies" and tardiness. 47 N. Excessive use of Village telephones for the conduct of personal business during working hours, or for unauthorized long distance calls. O. Claiming sick leave under false pretenses or otherwise misrepresenting reason for time off or use of other benefits. P. Failure to maintain a satisfactory attendance record, except in accordance with the FMI A. Q. Solicitation of unwelcome sexual advances, requests or sexual favors, any verbal or physical conduct of a sexual nature or where such behavior interferes with the work performance or environment of employees, Village officials or the public, and/or any other violation of the Village's published anti - harassment policy. R. Falsification, including misrepresentation of Village Records, no matter when discovered. S. Sleeping on the job, except as authorized for firefighters pursuant to departmental directives. T. Violation of departmental rules and regulations, standard operating procedures, general orders, and/or departmental directives. U. Any other violation of these rules and regulations. V. Any other conduct deemed directly or indirectly harmful to the Village, its reputation, services, residents or property. 16.05 - Disciplinary Actions Disciplinary action may involve any of the following. This list is not all- inclusive and steps may be skipped within the discretion of management based on the circumstances involved: A. Oral Reprimand: A verbal warning to the employee that if his actions continue, a written reprimand will be transmitted to the employee and Department Director. B. Written Reprimand: A written reprimand shall be transmitted through the appropriate Department Director or his/her designee to the employee and/or the Village Manager and shall summarize the specific actions leading to the reprimand. C. Suspension: Suspension is the temporary removal from duty status either with or without pay of an employee for cause. Suspension may be imposed by the Department Director or his/her designee. The Department Director and/or Division Director shall notify the Village Manager and Director of Human Resources prior to the imposition of any suspension when practical. 1. An employee may be suspended for an indefinite period when the Department Director determines such action is appropriate and/or in the best interests of the Village in cases where an employee is charged and awaiting trial for a criminal offense involving matters prima facie prejudicial to the reputation of the Village. Such action will not be based on arrest record alone. 2. When an employee has acted or is alleged to have acted in a manner which would appear to be reason for dismissal, the employee may be suspended for a period generally not in excess of one (1) month while such charges are investigated. 0 3. Whenever an employee is suspended pending internal or external investigative outcomes and is subsequently exonerated, the employee may be reinstated without loss of pay or benefits as determined by the Village. 4. Subject to the provisions of the Fair Labor Standards Act, an employee may be suspended for a period not to exceed one hundred eighty (180) calendar days for specific reason with Village Manager approval. D. Demotion: An employee may be moved to a position in a class with a lower maximum salary rate for unsatisfactory performance or misconduct. Demotion shall be recommended by the Department Director and approved by the Village Manager and Director of Human Resources. E. Dismissal: Dismissal may be recommended by the Department Director and normally subject to approval by the Village Manager and Director of Human Resources. Dismissals shall be carried out by the Department Director and Director of Human Resources. F. Sworn fire department personnel are governed by the State of Illinois Fireman's Disciplinary Act. 16.06 - Reduction in Force - Layoff A Department Director may separate any employee without prejudice and without prior notice because of legitimate business reasons including lack of funds or curtailment of work. However, no regular employee shall be laid off from any department while there are probationary, part-time, or temporary employees serving in the same or related classes of positions in that department unless there is a business need to do so. An appointing authority may, with the approval of the Village Manager, appoint an employee who is to be laid off to any existing vacancy in a lower class for which he is qualified, assuming there is such a need. All other factors being equal, employees shall be laid off in reverse order of their total service with the Village. 16.07 - Retirement All eligible regular employees may apply for retirement benefits at age and length of service requirements specified by the retirement plan in which they are enrolled. Applicants for retirement shall follow the procedure as set forth in Section 16.01 and must also contact the payroll department to complete appropriate retirement plan procedures. The terms and eligibility requirements set forth in the plan documents will govern. 16.08 - Exit Interviews Exit interviews may be conducted by the Village Manager, Department Director and/or Director of Human Resources. A report of the exit interview shall be placed in the employee's personnel file and normally will be reviewed with the Department Director. Normally the Village will have your final paycheck available for distribution during this exit interview. 49 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 17.00 EMPLOYEE SAFKff AND DEVELOPMENT Chapter 17.00 - Emplo_yee Safety and Development Sections: 17.01 General 17.02 On the job Safety 17.03 Training and Development 17.04 Uniform Clothing Provisions 17.05 Attitude and Appearance 17.06 Service Recognition 17.01 - General The Village Manager in cooperation with Department and Division Directors along with the V'illage's Executive Safety Committee shall be responsible for the development and administration of programs relating to employee safety and development. This shall include providing for the general health and safety of Village employees as well as other matters concerning employee relations. 17.02 - On the Job Safety A. The Village Manager shall make reasonable efforts to promote among employees and in the departments maximum standards for on the job safety. All employees shall be responsible for performing work assignments in the safest manner possible. Prime consideration shall always be given to safety in all work situations. The Village may require an employee to undergo a medical examination by a doctor of the Village's choosing and at the Village's expense when the employee's Department Director reasonably believes, based on objective evidence, that the employee is unable to perform his/her essential job functions or the employee will pose a direct risk to him/herself or others. B. Supervisors, Division Directors, and Department Directors shall: 1. Be responsible for the establishment and implementation of appropriate safety standards within their respective activity areas, for periodically reviewing accident frequencies to determine and correct causes, and for identifying and correcting safety hazards. 2. Ensure that all new employees, including temporary/seasonal, and/or part -time employees are thoroughly advised, instructed, and supervised in necessary safety policies, practices, and procedures. 3. Implement and actively support the Village's safety program. 4. Arrange and conduct safety meetings, inspections, and training sessions. 5. Provide and/or require equipment necessary to adequately protect the health and safety of employees. 6. Immediately investigate accidents, and prepare all necessary forms for documentation and future prevention of on the job injuries and hazardous conditions. C. All employees shall: 50 1. Be thoroughly familiar with safety requirements and practices applicable to their respective work assignments. 2. Actively observe safety practices, and report unsafe or potentially dangerous conditions, work practices and accidents or injuries to their supervisor immediately. 3. Refrain from engaging in horseplay, wrestling, hazing of co-workers, and any other unsafe practice under penalty of disciplinary action up to and including dismissal. 4. Require all employees under their supervision to comply with all applicable safety rules and practices. 5. Use reasonable precautions in the performance of their duties and act in such a manner as to assure maximum safety to themselves, their fellow employees and the public. 6. Never remove or make ineffective any safeguard, safety device or safety appliance except for the purpose of replacement, repair or adjustment. 7. Keep their work areas clean, orderly and, to the extent possible, free from all recognized safety hazards. 8. Work in appropriate clothing, including footwear, suitable for the type of work being performed and shall wear or use appropriate safety devices or personal protective equipment as provided, or directed. 9. Wear properly fastened seat belts when driving or riding as a passenger in a Village owned vehicle, or in a personal vehicle while on Village business. 10. Comply with all applicable Local, State and Federal traffic laws when operating a Village vehicle or personal vehicle while on Village business. D. Alcohol and Drug Policy for Commercial Drivers License Employees The Village, shall maintain policies and procedures for testing Commercial Drivers License (CDL) holders for the misuse of alcohol and controlled substances, as required by the then - applicable laws. The purpose of these policies and procedures is to prevent accidents and injuries. Copies of the Village of Buffalo Grove Alcohol and Drug Testing Policy for Commercial Drivers License Employees will be made available to CDL holders. 17.03 Training and Development A. The Village shall promote the training of its employees so that services rendered to the Village may be more effectively delivered. Training may be at time of recruitment, in- service, specialized, professional or academic. Training shall be determined by the Department Director or their designee. No reimbursement for training shall be made without such approval. B. Expenses for recruit, in- service, specialized and professional training including tuition, registration, fees, supplies, and materials may be reimbursed by the Village. Travel and related expenses may be reimbursed or advanced as noted within these Personnel Rules. Employees pursuing academic instruction will be eligible for reimbursement of tuition and fees only upon 51 completion of course work and according to grade, as provided in these Personnel Rules and detailed below. Training shall be supported by an approved Travel and Training Expense Report, including academic training. As with travel related expenses, all receipts as well as final grades must be submitted in order to qualify for reimbursement. C. The following types of training are offered employees: 1. Recruit Training: Formal training programs which must be completed during the probationary period following original appointment as a prerequisite to continued employment. 2. In Service Training: Training conducted during working hours on an individual or group basis to improve skill performance, introduce new techniques, and/or keep abreast of developments in the employee's field. 3. Sppcialized Training: Attendance of vocational, technical, or professional training programs directly related to municipal service functions. 4. Academic Instruction: Completion, by correspondence or classroom attendance, of course work provided by accredited educational institutions where such instruction will benefit the municipal service. D. With departmental approval, all expenses for recruit, in service, and specialized training including tuition, fees, supplies, and books will be reimbursed by the Village. Travel, lodging, and other related costs will be reimbursed as provided in Chapter 18.00. E. If funds are available, employees pursuing approved academic instruction are eligible for reimbursement of tuition and fees only upon completion of course work and according to the following schedule. Grade Reimbursement A or B 100% C 50% D or less 010/0 Under no circumstances shall an employee's tuition reimbursement amount exceed the tuition rate as established by Northern Illinois University for like course work. F. When requests for training and reimbursement exceed funds specifically budgeted for that purpose, partial reimbursement of expenses may be made to employees in order to extend training opportunities to as many employees as possible. 17.04 - Uniform - Clothing Provisions The Village will provide for the uniform and special clothing needs of its employees, as determined by the Village. These needs may be met by the purchase or lease of the appropriate uniforms and clothing, at the discretion of the Village. The employee will be responsible for proper care and use of clothing and uniforms and the laundering of same, if appropriate. Each department will develop a replacement schedule based upon normal wear and usage. 52 17.05 - Attitude and Appearance A friendly and courteous attitude by Village employees toward the public and co workers is required at all times. Similarly, employees are expected to deliver prompt, thorough, and efficient service to the public to the best of their ability. All employees are required to maintain a neat and clean personal appearance including clothing, personal hygiene, and grooming appropriate for the position held. 17.06 - Service Recognition Employees who uniquely distinguish themselves through performance or innovation will be honored and recognized by the Village. Upon recommendation of a Department Director and approval of the Village Manager, such recognition may consist of a plaque, Certificate of Appreciation, or Resolution presented to the employee by the Corporate Authorities. Length of service shall be recognized in the following manner: 5 years of service = Pin 10 years of service = Glassware Set or comparable gift. 15 years of service = Pen Set or comparable gift. 20 years of service = "Choose- Your - Gift" or department selected gift valued at $150.00. 25 years of service = "Choose - Your -Gift" or department selected gift valued at $200.00. 30 years of service = "Choose - Your - Gift" or department selected gift valued at $250.00. 35 years of service = "Choose- Your - Gift" or department selected gift valued at $500.00. 40 years of service = "Choose - Your -Gift" or department selected gift valued at $1,000.00. Full -time and part-time employees shall be included in the service award program. Temporary/seasonal employees are not eligible for a service award under the terms of this program. Presentation of gifts shall be made on the employee's anniversary date. Recognition of years of service shall take place at the annual holiday party. Employees who retire from full -time employment with the Village and subsequently become part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy. 53 BUFFALO GROVE PERSONNELMANUAL CHAPTER 18.00 TRAVEL EXPENSES Chapter 18.00 - Travel Expenses Sections: 18.01 Policy 18.02 Travel Advances 18.03 Reimbursable Expenses 18.04 Per Diem Allowance 18.05 Non Reimbursable Expenses 18.06 Use of Village Vehicles 18.07 Use of Personal Vehicles 18.08 Vacation Combined with Official Travel 18.09 Travel Reimbursement or Repayment of Advance to Village 18.01- Policy The Village of Buffalo Grove shall provide to employees reimbursement for travel and related expenses while carrying out official duties, or attending approved professional conferences and training courses. Employees will be expected to exercise good judgment and proper regard for economy when incurring travel and training expenses. The policy is intended to apply only to those travel and training situations that involve the reimbursement to employees for travel and training expenses. 18.02 - Travel Advances A travel advance may be issued to an employee if approved by the Department Director and Village Manager. Requests must be submitted in the form of an approved Advance Check Request and Travel and Training Expense Report and forwarded when approved to the Department of Finance and. General Services for processing. Travel and Training Expense Reports will be submitted in duplicate. One copy will be held by the Finance Department to support any advance with the second copy returned to the employee. The second copy is to be retained for use at the conclusion of the travel/training session for submittal with receipts to support either the return of advanced funds or to request further expense reimbursements. 18.03 - Reimbursable Expenses The following expenses for approved travel may be reimbursed according to established allowances or actual cost and subject to proof that the expenses were actually incurred: A. Air travel at coach or economy class fares. B. Ground transportation which includes bus, train, taxi or airport shuttle services. Ground transportation could include the cost of a rental vehicle. Rental vehicle costs should be identified as part of the documentation submittal to the Village Manager as well as the reason for retaining such transportation. In addition, transportation costs if a Village -owned vehicle is used to travel is to be included as part of this expense. C. Direct travel by personal vehicle at the rate authorized year -to -year by the Internal Revenue Service or at an amount equivalent to round trip airfare, whichever is less. Distance traveled by an employee in his/her personal vehicle shall be reimbursed at a rate from the employee's home to the destination or from Buffalo Grove to the destination, whichever is less. 54 D. Parking fees and tolls. E. Overnight lodging. F. Conference/training/training fees. G. Per diem allowance. H. Special events/functions. 18.04 - Per Diem Allowance A per diem allowance to cover meals, conference/seminar sponsored meals, banquets or social events, and tips will be provided at actual cost or $50.00 /day, whichever is less. Per Diem must be approved by the Department Director in advance of it being paid to the employee. The per diem allowance will be prorated for time spent in travel status for less than one full day. For purposes of clarification, the following standard normally will apply: A. Travel initiating from home or work before 12:00 Noon -Full Day Per Diem. B. Travel initiating from home or work after 12:00 Noon -1/2 Day Per Diem. C. Travel initiating to home or work before 12:00 Noon -1/2 Day Per Diem. D. Travel initiating to home or work after 12:00 Noon -Full Day Per Diem. 18.05 - Non Reimbursable Expenses The following travel expenses shall not be reimbursed or advanced: A. Costs incurred by a person not employed by the Village accompanying an employee. B. Personal expenditures, such as valet service, in -room movies/video, personal long distance phone calls, laundry and cleaning, entertainment or side trips. 18.06 - Use of Village Vehicles Village provided vehicles may be used to travel to destinations up to 200 miles (one -way) from Buffalo Grove, if approved by the Department Director. Pre - planned trips beyond 200 miles are to be approved by the Village Manager prior to use. Gasoline purchases are reimbursable when accompanied by a valid receipt. Employee's receiving an automobile allowance from the Village may not use a Village owned vehicle. Exceptions to this policy may be made only by the Village Manager. 18.07 — Use of Personal Vehicles An employee who uses his/her personal vehicle for any approved business purpose must at all times process both a valid driver's license and valid automobile insurance. Employees using their personal vehicles for approved Village business may submit for mileage reimbursement pursuant to Internal Revenue Service guidelines. 55 18.08 - Vacation Combined with Odidal Travel Employees wishing to combine a vacation by private vehicle with a business or convention trip, must have their Department Director's written approval. The employee shall be reimbursed for travel to and from the destination as provided by Section 18.03(0. 18.09 - Travel Reimbursement or Repayment of Advance to Villa,.ge A Travel and Training Expense Report must be completed within ten (10) working days after returning from a trip whether it is for an amount due the employee or for payment of any unused travel advances due the Village. All Travel and Training Expenses Reports must be approved by the Department Director and Village Manager before processing for payment will be authorized. All Travel and Training Expense Reports submitted, whether to return any unused advance or to request reimbursement must include all receipts. Failure to include receipts may disqualify a reimbursement requested. Any inaccurate reporting of expenses is grounds for disciplinary action, up to and including dismissal. 56 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 19.00 RECORDS AND REPORTS Chapter 19.00 Records and Reports Sections: 19.01 Personnel Records 19.02 Service Register 19.03 Reports 19.04 Confidentiality 19.01- Personnel Records The Director of Human Resources in conjunction with the Department of Finance and General Services is hereby designated as the central repository for all personnel files and records of the Village. Access will be in accordance with applicable laws. 19.02 - Service Register The Village Manager shall cause to be maintained a service register of all employees in the municipal service identifying for each the class title, departmental assignment, salary rate, dates of employment, employment history and such other data as he deems appropriate. 19.03 - Reports Every appointment, transfer, promotion, demotion, termination, sick leave, vacation leave, and other temporary or permanent changes in the status of employees in the municipal service shall be reported in writing. The Village Manager is authorized to prescribe the time, manner, form, and method of making any written report as may be stipulated in any of these rules. 19.04 - Confidentiality Personnel records shall be confidential to the extent provided by law. An employee shall be allowed to review his/her personnel file up to two (2) times during each calendar year during business hours or more frequently if approved by his Department Director. Personnel records shall not be released to a third party unless authorized by the employee or as otherwise required or permitted by law. Medical records shall be confidential and stored in a file separate from an employee's personnel record file. Copies of such documents will be made available upon advance written request at the employee's expense. 57 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 20.00 PROHIBITIONS & PENALTIES Chanter 20.00 - Prohibitions and Penalties Sections: 20.01 Participation in Political Activities 20.02 Discrimination 20.03 Employment of Relatives 20.04 Release of Information 20.05 Media Relations 20.06 Gifts and Gratuities 20.07 Anti- Harassment Policy 20.08 Anti- Workplace Violence Policy 20.01- Participation in Political Activities Except as expressly permitted by the Illinois Local Governmental Employees Political Rights Act, employees are prohibited from bringing their political affiliations to bear on their official duties. Specifically, the following political activities of employees are prohibited with respect to participation in federal, state, or municipal elections. A. Campaigning, fund raising, or other partisan political activities on Village premises while in the performance of duties and responsibilities as an employee of the Village. B. Use of official working time or unauthorized use of Village resources for political activity. C. Promising any employment, position, work, compensation, or other benefits as consideration, favor or reward for political activity. D. Performing political activities at the direction of a supervisor, Department Director, or other Village official. E. Using status or position as a Village employee in an endorsement or solicitation of votes in an election. 20.02 - Discrimination No persons in the municipal service, or seeking admission thereto, shall be appointed, employed, promoted, demoted, removed, or advanced on any basis or for any reason other than qualification and merit or lack thereof. 20.03 - Employment of Relatives A. It is the policy of the Village to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied, based on family relations. Relatives shall be as defined in Section 2.39 of this Manual. B. No relative will be assigned or hired into a position where the employee would be required to supervise or be supervised by another relative, whether directly or indirectly. This policy is not intended to preclude employment of relatives in other departments within the Village. In addition, it does not apply to temporary/seasonal or student intern employees. 58 C. If employees in a supervisory relationship become related after employment, every effort will be made to transfer one of the employees to a position or shift where no supervisory relationship exists. D. Exceptions to this policy may be approved by the Village Manager. E. This policy is intended to comply with the requirements of all applicable, federal, state and local laws and situations involving individuals related by marriage will be addressed on a case -by -case basis. 20.04 - Release of Information All employees are expected to exercise good customer service practices and be ambassadors of the Village and, to the extent possible, answer general questions about the policies and practices of the Village. Requests for specific printed information, unpublished reports, written or verbal reports about meetings not subject to the Open Meetings Act, plans in progress, matters of internal business affairs or matters related to the personal affairs of Village employees or officers shall be referred to the Village Manager, Director of Human Resources or Department Director and shall not be released by an employee unless specifically directed to do so by the Village Manager, Director of Human Resources or Department Director. 20.05 - Media Relations The Corporate Authorities shall be the primary spokesmen for the Village. When they are unavailable, the Village Manager shall be the primary spokesman for the Village. Village Department Directors or their designees may confer with representatives of the news media on matters related to their departments. 20.06 - Gifts and Gratuities Employees shall not solicit, accept or agree to accept any gift of any kind from any person or business entity doing business or wishing to do business with the Village, except where said gift is expressly permitted by the Illinois State Officials and Employees Ethics Act. A "gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee. Employees shall comply with the Illinois State Officials and Employees Ethics Act at all times. 20.07 - Anti- Harassment Pyh The Village of Buffalo Grove is committed to providing its employees, vendors and visitors with a productive environment which is free of intimidation and harassment, whether based on race, color, gender, marital or parental status, age, religion, disability, national origin, ancestry or sexual orientation, or any other category protected by law. Harassment is a violation of federal, state and local laws. The Village will not tolerate harassment of any kind in the workplace. Harassment consists of unwelcome, physical, visual or spoken conduct regarding any person's race, color, gender, marital or parental status, age, religion, disability, national origin, ancestry, or sexual orientation. The Village will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, epithets, slurs, derogatory remarks, negative stereotyping, jokes, kidding, and teasing directed at a person based on his or her protected status, 59 or posting, displaying or circulating written or graphic material that denigrates or shows hostility or aversion to an individual because of such status. All employees must continue to act responsibly to help maintain a comfortable working environment free from harassment and intimidation. Any Village employee who violates this policy will be subject to disciplinary action, including termination. Sexual Harassment deserves special attention. Sexual Harassment means any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or receipt of Village services; or B. Submission to or rejection of such conduct by an individual is used as the basis of any employment or service decision affecting the individual; or C. Such conduct has the purpose or effect of substantially interfering with the work performance of an employee or creating an intimidating, hostile or offensive environment for employees, vendors or visitors. No Village Manager, director, supervisor, or other employee has the authority to engage in such conduct or to alter another employee's terms or conditions of employment based on the employee's refusal to submit to such conduct. The Village strictly prohibits its manager, directors, supervisors and other employees from implying or suggesting that an applicant or employee's submission to or refusal to submit to sexual advances or participation in such sexual conduct is a condition of continued employment or receipt of any job benefit (including job assignment, compensation advancement, career development, or any other term or condition of employment). Examples of Sexual Harassment include (but not by way of limitation): A. Pressure for sexual activity (subtle or overt); B. Unwelcome touching or intimacy, including pinching, patting or hugging; C. Insulting, degrading or obscene sexual remarks, innuendoes, jokes or conduct; D. Posting or display of sexually offensive or degrading materials in the workplace such as pictures or cartoons; E. Epithets, slurs, derogatory remarks or negative stereotyping based on gender; F. Comments about sex life or body parts; and G. Repeatedly asking out for a date someone who has refused. All employees are encouraged to raise questions that they may have regarding these issues with his or her Department Director, the Director of Human Resources or the Deputy Village Manager. Any Village employee who feels he or she has been the victim of any type of harassment from anyone, including supervisors, staff, co- workers, or in some cases non - employees such as vendors or visitors, should report the matter immediately to his or her Department Director, the Director of Human Resources, or the Deputy Village Manager. Likewise, any employee who believes he or she is being discriminated against because other employees are receiving favored treatment in exchange for sexual favors, should bring this to the attention of his or her Department Director, the Director of Human Resources or the Deputy Village 60 Manager. The very nature of harassment and discrimination make it virtually impossible to detect unless the employee being harassed registers a complaint with an appropriate Village representative. All complaints of harassment are serious. Thorough and appropriate investigations of complaints will be conduced promptly. Appropriate measures will be taken to keep the complaint as confidential as possible and appropriate based on the circumstances involved. There will be no retaliation or reprisals of any kind against any person for having made a good faith inquiry, complaint or report of sexual harassment or discrimination, or for participating in an investigation of sexual harassment or discrimination. Village Procedure for Reporting Harassment: A. An employee who believes he or she has been the subject of any form of harassment or discrimination should immediately make a complaint to his or her Department Director, Director of Human Resources or Deputy Village Manager. B. The Department Director or Deputy Village Manager will document any reported incident and promptly forward the complaint to the Director of Human Resources. The Director of Human Resources will notify the Village Manager that a complaint has been made. C. A prompt and thorough investigation of all allegations will be conducted and all persons will be treated respectfully. The investigation will be coordinated by the Director of Human Resources. 1. The complaining employee, the alleged wrongdoer and any witnesses, as appropriate, will be interviewed as part of the investigation; 2. A record of the complaint and findings will be prepared and become part of the complaint investigation file; 3. The complaint investigation file will be maintained separately from any employee's personnel file; 4. Registering a complaint will in no way be used against an employee, nor will it have any adverse impact on the complaining individuals' employment. D. The Village Manager, the Deputy Village Manager, the Department Director and the Director of Human Resources will review the results of the investigation, unless one of them happens to be the alleged harasser. Any Village employee who is found after appropriate investigation to have violated this policy will be subject to corrective action, including disciplinary action, up to and including termination. Disciplinary actions can range from issuance of a documented warning up to and including termination of employment, depending on the evidence uncovered in the investigation and the nature and severity of the offense. A written record of each action taken pursuant to this policy will be maintained separately from any employee's personnel file. The record will reflect the conduct or alleged conduct and the disciplinary measure(s), if any, imposed. The complaining employee and alleged wrongdoer will receive written notification regarding the outcome of the investigation upon its completion. An effective anti- harassment policy requires the support and example of Village personnel in positions of authority. Employees, officials or agents of the Village who engage in harassment or retaliation or who fail to cooperate with a Village sponsored investigation of harassment or retaliation will be subject to disciplinary measures. Likewise, employees, officials or agents of the Village who refuse to implement remedial measures, obstruct remedial efforts of other Village 61 employees and/or retaliate against complainants or witnesses will be subject to disciplinary measures. All employees and other personnel, including elected and appointed officials, are required to review and sign a copy of this Village Anti - Harassment Policy and return a copy to the Director of Human Resources. By signing a copy of this policy, each person acknowledges its receipt, and his or her agreement to act in accordance with the guidelines set forth above and as they may from time to time be modified by the Village. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment may also contact the Illinois Department of Human Rights. For further information, contact the Illinois Department of Human Rights at (312) 8146200. 62 VILLAGE OF BUFFALO GROVE ANTI - HARASSMENT POLICY ACKNOWLEDGMENT FORM I hereby acknowledge receipt of the Village of Buffalo Grove Anti- Harassment Policy. I agree and represent that I have read this Policy in its entirety. I understand and will comply with the Village of Buffalo Grove Anti- Harassment Policy. Signature Print Name Department 63 Date 20.08 - Anti - Workplace Violence Policy It is the Village of Buffalo Grove's policy to promote a safe and comfortable working environment for its employees. The Village is committed to working with its employees to maintain a work environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. Violence, threats, harassment, intimidation, and similar behavior in our workplace will not be tolerated. All reports of incidents will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm. Individuals who commit such ads may be removed from the premises and may be subject to disciplinary action, criminal prosecution, or both. If you observe or experience such behavior by anyone on Village property, whether he or she is an employee or not, report it immediately to the Buffalo Grove Police Department by calling 9 -1 -1 and your Department Director. All reports will be investigated and the appropriate action will be taken to remedy the situation. No retaliation will be taken or tolerated against any individual who participated in an investigation or complaint reported under this Policy. 64 BUFFALO GROVE PERSONNEL MANUAL Chapter 21.00 - Appeals and Grievances Sections: 21.01 Grievance Policy 21.02 Grievance Procedure 21.03 Classification Grievances 21.04 Compensation Grievances 21.05 Retroactive Adjustment 21.06 Fire and Police Departments 21.07 Discretion of Village 21.01- Grievance Pph CHAPTER 21.00 APPEALS & GRIEVANCES It shall be the policy of the Village of Buffalo Grove to give individual employees an opportunity to discuss their grievances with their supervisors in order to attempt to find mutually satisfactory solutions as rapidly as possible. Employees are assured of freedom from restraint, interference, discrimination, or reprisal. Appeals of disciplinary actions shall begin with a written grievance report as set forth in Section 21.02(B) below. 21.02 - Grievance Procedure The grievance procedure shall follow the sequence below. An employee may be accompanied by any person of his own choosing as his representative in the presentation of his grievance. A. Oral Report: All grievances must be presented no later than ten (10) worldng days from the date of the first offense giving rise to the grievance. B. Written Report: H the oral grievance presentation fails to settle the grievance, the employee may submit a written grievance report within ten (10) working days after the oral report was made. In the case of a grievance resulting from a disciplinary action, the employee shall submit a written grievance report within ten (10) working days from the effective date of disciplinary action. Within ten (10) working days after receiving a written grievance report, the supervisor shall furnish the employee with a written reply. C. Appeal to Department Director: If the written reply to the grievance is not satisfactory to the employee, he may, within ten (10) working days after receiving the reply, submit an appeal in writing to his Department Director. The Department Director shall confer with the aggrieved employee and/or his authorized representative before rendering a decision. Such decision shall be produced in writing and shall be delivered to the employee within ten (10) working days of the date on which the appeal was received by the Department Director. D. ApMal to Village Manager: If the appeal to the Department Director fails to resolve the grievance the employee may submit an appeal in writing to the Village Manager no later than ten (10) working days from the date a reply was received from the Department Director. Within ten (10) working days of the receipt of an appeal, the Village Manager shall hear matters pertinent to the grievance. The decision of the Village Manager shall be final. The Village Manager shall forward one copy of the course of action he intends to follow to the employee concerned and to the Department Director. 65 21.03 - Classllication Grievances All grievances pertaining to the classification of an employee shall be made in writing to the Village Manager, within five (5) working days of the classification. The decision of the Village Manager shall be final in all matters of classification. 21.04 - Compensation Grievances The pay range established for a given class of work shall not be a subject of the grievance procedure. 21.05 - Retroactive Adjustment All adjustments of grievances processed under this Chapter shall be retroactive to the time the grievance is first presented to his supervisor, unless the grievance reply specifically states otherwise. 21.06 - Fire and Police Deuartments The grievance procedure for sworn personnel of the fire and police departments shall follow the process set forth by their respective departmental rules, regulations and directives. Appeals of disciplinary actions shall follow the process prescribed by the rules and regulations of the Board of Fire and Police Commissioners and/or collective bargaining agreement, if applicable. 21.07 - Discretion of Villan While the Village normally will adhere to the procedures set forth above, there may be circumstances that indicate that an alternate way to address the grievance is more appropriate (i.e., due to confidentiality, privacy or similar business reasons as determined by management). The Village reserves the right to skip any step in this procedure if the Village feels it is appropriate under the circumstances presented. The Village reserves the right to alter the procedures at any time at the discretion of the Village Manager. 66 BUFFALO GROVE PERSONNEL MANUAL CHAPIT.R 22.00 EXPECTATION OF PRIVACY Chapter 22.00 - Ezaectation of Privacy Sections: 22.01 Computers, Pagers, Telephones and other Communications Equipment 22.02 Lockers, Desks and other Village Property 22.01- Computers, Pagers, Telephones and other Communications Equipment A. As an employee of the Village of Buffalo Grove, you do not have a reasonable expectation of privacy when you use a Village owned or leased computer or communications system. The Village has the right to monitor your telephone conversations, to read your messages, to inspect mail or documents sent to or by you, including the deciphering of encrypted text and the removal or inspection of software installed by you on Village provided computers. B. The Village may also access, without notice, data or text caches, pager memory banks, e-mail and voice -mail boxes or accounts, and other employer provided electronic storage systems. The Village does not need to obtain prior judicial approval and your continued employment waives any claims you might have. 22.02 - Lockers. Desks and other Village Propertjr Lockers, desks, vehicles, equipment and other Village containers and property that you are permitted to use during your employment are and remain the property of the Village. You are not permitted to keep or store any illegal or prohibited items or substances in or on such property. You do not have a reasonable expectation of privacy with regard to any items kept or stored in any locker, desk, or other Village property. Village owned property is subject to search by the appropriate supervisor or Department Director for any reason. Personal locks are not permitted on Village property. 67 BUFFALO GROVE PERSONNEL RULES CHAPTER 23.00 INFORMATION TECHNOLOGY Chanter 23.00 - Communications and Information Technology Section: 23.01 Communications and Information Technology Policy 23.01- Communications and Information Technology Policy A. The Village of Buffalo Grove maintains a tremendous amount of information in electronic form. Likewise, the Village depends on technology to provide vital public services. While information technology is an invaluable tool for local government it can also represent a tremendous risk if it is misused or abused. These facts make it necessary to maintain information systems and technology that are secure, efficient and effective. The policies in this document are intended to regulate the use and development of electronic data resources and technology used by the Village to assure that these ends are met. B. The Director of Information Technology CI M), under the direction of the Deputy Village Manager, shall be responsible for plans and implementation of Village policies affected by or enhanced by information systems and technology. IT staff shall maintain a close working relationship with other departments of the Village to assure that their information and technology needs are being met. C. Electronic -based communication and records shall be considered to include personal computers, network servers, E -mail, telephone voice mail, electronic bulletin board systems, paging systems and other systems and devices that transmit and/or store information on media other than paper. Employees of the Village are expected to maintain the same standards of propriety, professionalism and confidentiality for electronic -based communication and records as any written correspondence. D. Authorized Use of Information Technology: The Village encourages authorized and trained personnel to make use of information technology in any way that will improve the efficiency or effectiveness of Village services. Village employees are encouraged to be creative in their use of technology and to share their discoveries of techniques with other employees. E. Unauthorized Use of Information Technology: The Village prohibits the use of Village information technology resources in the following circumstances: 1. By unauthorized persons. 2. Personal profit- making businesses. 3. Political activity. 4. Accessing or transmitting obscene language, sexually explicit materials or materials that disparage any person, group or classification of individuals except as required for official business. Anything that violates the law. F. Protection of Sensitive, Confidential and Proprietary Information: All employees are expected to maintain the integrity of the sensitive, confidential and proprietary information that is stored on or is passed through Village information systems. This definition includes but is not limited to: 1. Personnel information including salaries, performance reviews, complaints, grievances, disciplinary records and medical records. 2. Criminal history information, mug shot images, police investigation records, intelligence files, and tactical information. 3. Names, addresses or other personal information about Village residents or vendors. G. To protect all sensitive, confidential and proprietary information all Village personnel shall observe the following practices: 1. Access to network directories and databases shall be restricted to personnel with a demonstrated "need to know." 2. Personal access codes and passwords shall not be shared, even with other Village employees. 3. All employees are prohibited from allowing unauthorized individuals access to Village information systems. 4. Subject to Department Director, approval, employees shall be restricted to the workstations, servers and time periods they may use by security measures at the discretion of the Director of IT. S. Employees should log off their computers any time they plan to be away from their workstation for more than thirty minutes. Screen savers with passwords shall be utilized, where operationally practical. 6. No employee shall make copies of information stored on Village information systems without authorization from the Director of IT or the supervising Department Director. This includes printed reports or electronic media such as tapes and disks. H. Encrypting and Protecting Computer Files: Village personnel are prohibited from encrypting or password - protecting computer files without authorization from the Director of IT. At least two employees shall have access to any protected or encrypted file. I. Internet Access: Internet access may be provided through the Village's computer system. Internet access can be provided to employees of the Village on an individual basis by departmental supervisors. The intent of this resource is to provide additional sources of reference for Village business. As activity on the Internet through the Village of Buffalo Grove's system is a matter of public record, 69 it is the responsibility of each individual to maintain the integrity of the system. Periodic reviews of Internet activity may be performed at a system, department and/or individual level. J. Hardware Installation: Only hardware that has been approved by the Director of IT and the Department Director shall be installed for Village use. This includes all microcomputers, peripherals and accessories. Only the Director of IT or the IT Department shall install or uninstall hardware. Hardware may not be relocated, connected, or disconnected from any microcomputer without the prior approval of the Director of IT and Department Directors. K. Software Installation: Only software that has been approved by the Village of Buffalo Grove shall be installed or executed on any Village computer. It is against Village policy to install, access or execute any software or data that has not been approved for use. Only, the Director of IT or a member of the IT Department shall install all software, unless the Director of IT approves the installation of software by another party. The Director of IT must approve data to be entered on any computer via any method other than keyboard or mouse entry. All removal or erasure of software from any storage device requires prior written approval from the Director of IT. Transfer of software applications from one computer to another computer or storage device on or off site requires the approval of the Director of IT. L. Software Licensing and Copyrights L The Village purchases or licenses the use of copies of computer software from a variety of outside companies. The Village does not own the copyright to any of this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it for use on more than one computer. 2. Use of Software on Networks: With regard to use on local area networks or on multiple machines, Village employees shall use the software only in accordance with the license agreement. 3. Employee's Duty for Notification Village employees learning of any misuse of software or related documentation within Village departments shall notify their Department Director or Director of IT. 4. Penalties for Violation of Copyright Laws and Policies: According to the US Copyright Law, illegal reproduction of software can be subject to civil damages of as much as $100,000 per work copied, and criminal penalties, including fines and imprisonment. Village employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. The Village does not condone the illegal duplication of software. 70 5. Village Property All work produced for the Village by an employee, including but not limited to information technology, is at all times the exclusive property of the Village and may not be removed, copied, reproduced or sold by any employee. Any information or document (or copy thereof) that is provided to an employee during his/her employment with the Village and/or which the employee had access during his/her employment must be promptly returned upon request and in no event prior to his/her last day of employment with the Village. If you have a question about whether it is appropriate to retain or have access to such information or document, you are required to seek written permission from the Village Manager before doing so. Any actual or threatened violation of this policy will be strictly enforced and may result in appropriate legal action to protect the integrity and confidentiality of the information involved 71 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 24.00 DRUG FREE WORKPLACE Chapter 24.00 - Drug Free Worlglace Section: 24.01 Drug Free Workplace Policy 24.01- Drug Free Workplace Polio A. The Village of Buffalo Grove ("Village') has implemented this Policy in response to overwhelming evidence that alcohol and drug abuse has a detrimental impact on job performance, safety, and efficiency. Since Village employees design, prepare, operate, and maintain Village facilities, including, programs, equipment, and services for use by Village residents and are in contact, either directly or indirectly, with Village residents, the Village wishes to assure the health, safety, and welfare of its residents and employees. This Policy also expresses the Village's desire to satisfy the requirements of the federal and state Drug Free Workplace Acts (41 U.S.C.A. 701 et seq. and 30 ILCS 580 /1 et seq.). In accordance with these statutes and concerns, the Village has resolved to maintain a drug free workplace. The purpose of this Policy is to inform employees of the Village's investigation, treatment and disciplinary policy relating to alcohol and drugs. B. Acts Prohibited The unlawful manufacture, distribution, dispensation, possession, being under the influence, or use of a controlled substance, including cannabis and alcohol is prohibited on Village Property. C. Definitions 1. "Alcohol" means any substance containing any form of alcohol, including but not limited to: ethanol, methanol, propanol and isopropanol. 2. "Cannabis" is defined as provided in the Cannabis Control Act (720 ILCS 55011 et seq.) which provisions are specifically incorporated in this Policy. 3. "Controlled Substance" as defined in the Illinois Controlled Substance Act (720 ILCS 570) which provisions are specifically incorporated in this Policy. 4. "Criminal Drug Statute" means a criminal statute involving the manufacture, distribution, dispensation, possession, or use of any controlled substance. 5. "Manager" is the Village Manager. 6. "Village Property" means any building, common area, open space, vehicle, parking lot, or other area owned, leased, managed, used or controlled by the Village. Village Property shall include property used by Village patrons while on Village sponsored events. 7. "Drugs" mean Legal Drugs and controlled substances, including cannabis. 72 8. "Legal Drugs" mean prescription drugs and over - the - counter drugs which have been obtained legally and are being used in the manner and for the purpose for which they were prescribed or manufactured. 9. "Medical Facility" means any physician, laboratory, clinic, hospital, or other similar entity. 10. "Policy" means this Drug Free Workplace Policy of the Village of Buffalo Grove. 11. "Possess" means to have either in or on an employee's person, personal effects, desk, files, or other similar area. 12. "Public Safety Responsibility" means jobs in which an employee is entrusted with direct responsibility over the health, safety and welfare of Village patrons, either through supervision of programs or operation or maintenance of equipment. 13. "Under the Influence" means that the employee is affected by alcohol or drugs in any determinable manner. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, a lay person's opinion, or the statement of a witness. D. Voluntary Treatment It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to disciplinary action. Employees who suffer from alcohol or drug problems are encouraged to voluntarily consult with their Department Director and undergo appropriate medical treatment. Participation in such treatment will be at the employee's expense. Employees are encouraged to utilize the Employee Assistance Program ( "EAP') benefit offered by the Village. E. Screening and Testing The Village will require employees who are required to hold commercial drivers licenses ( "CDI:) as part of conditions of employment to be screened or tested per the guidelines established by the United States Department of Transportation. The Village may require employees who work on or near vehicles or machinery, handle hazardous materials or substances of any kind, or have public safety responsibility to be screened or tested on a random basis, or may require any employee to be screened or tested upon reasonable suspicion that the employee is under the influence of alcohol or drugs. The screening or testing will be conducted by a medical facility selected by the Village at Village's expense. The screening or testing may require an analysis of the employee's breath, urine and/or blood or such similar substance. Employees who undergo alcohol or drug screening or testing will be given the opportunity, after a positive test or screening, to disclose the use of legal drugs and to explain the circumstances of their use. F. Treatment The Village may give the employee one opportunity to undergo treatment offered by a clinic or trained professional mutually acceptable to the Village and employee. Participation in such treatment will be at the employee's expense. The employee must enter the treatment program within ten (10) days from the time of recommendation of treatment. The Village may choose to reinstate the employee provided that the employee submits a statement issued by the Medical 73 Facility certifying that the employee has successfully completed the treatment program and that the employee is released to return to work. G. Use of Legal Drugs Any employee who works on or near vehicles or machinery, handles hazardous materials or substances of any kind, or has public safety responsibility and who has taken a legal drug must report the use of such legal drug to the Department Director if the legal drug can affect the employee's performance by causing drowsiness or if it alters perception or reaction time. The burden is on the employee to ascertain from his doctor or pharmacist whether or not the legal drug has such a potential side effect. The information will be retained by the Village in a confidential manner and will be disclosed only to persons who need to know. The employee's supervisor, after conferring with the Department Director, will decide whether or not an employee may safely continue to perform his job while using the legal drug. Failure to declare the use of such Iegal drugs will be cause for discipline, up to and including dismissal. H. Notice of Convictions Any employee who is convicted of violating any federal or state criminal drug statute must notify their Department Director immediately. I. Discipline/Penalties for Violation 1. An employee who reports to work under the influence of alcohol, controlled substances, or cannabis or who manufactures, possesses, uses, sells or dispenses alcohol, controlled substances, or cannabis while on Village property, is convicted of a drug related crime, causes financial or physical damage to the Village, Village property or its employees, or fails to report the use of legal drugs in accordance with this policy, or who otherwise fails to cooperate with this policy will be disciplined and/or must successfully complete a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency and by the Village. On the first occurrence, discipline may consist of suspension with or without pay, termination, and/or successful completion of a drug assistance or rehabilitation program as deemed appropriate by the Village, under the circumstances. The employee shall be terminated on the second occurrence. 2. The Village shall terminate an employee (a) if the employee refuses to submit to diagnosis, testing or screening upon request of the Village; (b) if the employee tampers in any way with the specimen given to the Medical Facility for purposes of drug screening or testing; (c) if the Medical Facility recommends treatment and the employee refuses to undergo such treatment; (d) if, while undergoing treatment, the employee fails or refuses to follow the course of treatment; (e) if the employee, who undergoes treatment, is again under the influence of alcohol or drugs in violation of this Policy; or, (f) if the employee fails to notify their Department Director of an arrest and/or conviction for violating any federal or state Criminal Drug Statute in accordance with this policy. 3. An employee who participates in a treatment program will be expected to meet job performance standards and comply with all rules established by the Village. Participation in a treatment program will not, in itself, protect the employee from disciplinary actions. The Village, however, will not take adverse action against an employee solely because he voluntarily and successfully completes medical treatment. 74 I Pre - Employment Screening After a conditional offer of employment is made, for applicable positions, in the Village's employment selection procedure, persons otherwise offered a position with the Village will be required to undertake a physical examination which may include a drug and alcohol screening test. K. Inspections In order to assure that employees comply with the prohibition on manufacturing, distributing, dispensing, possessing, or using alcohol, controlled substances, or cannabis and to otherwise protect Village employees, visitors and property, employees may be subject to inspection as follows: 1. Lockers, desks, files, vehicles, equipment and other Village containers and property that an employee is permitted to use during employment with the Village are and remain the property of the Village. Employees are not permitted to keep controlled substances, cannabis or alcohol in or on such property. Any such property reasonably suspected of having or holding such substances is subject to search by the Village, including vehicles parked on Village property. 2. Any refusal to submit to such an inspection will be treated as an act of insubordination and will result in disciplinary action which may include termination. 3. Employees should not bring any property or items on Village premises, including parking lots, unless he /she understand that such property and item is subject to disclosure under this Policy. As such, an employee should not expect privacy related to such items. L. Records The Village will maintain medical records relating to alcohol or drug abuse, diagnosis, and treatment in a confidential manner and in a file separate from the regular personnel file. Access will be limited to those who need to know. The Village will not disclose these records to persons outside the Village without the employee's consent unless disclosure of the records is necessary for legal or insurance purposes and/or as allowed by law. 75 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 25.00 MANAGEMENT RIGHTS Chapter 25.00. Management Rights Sections: 25.01 Management Rights 25.01- Manngement Rights The Village shall retain the sole right and authority to establish and administer all matters of inherent managerial policy, including but not limited to the functions of the Village government and its departments, standards of service, budgeting, organizational structure, the selection of new employees, and the direction of employees. The Village shall retain the sole right to amend its policies, procedures, rules and regulations as it deems necessary, at any time with or without prior notice. Nothing in this Manual shall be construed to limit or alter the Village's rights in this regard. 76 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 26.00 SAVINGS CLAUSE AND AMENDMENT Chapter 26.00 - Savings Clause and Amendment Sections: 26.01 Savings Clause 26.02 Amendment 26.01- Savings Clause Invalidation of any chapter, section, or part of this Manual shall not affect the validity of the other chapters and sections. The Village reserves the right to amend any policy or practice to the minimum extent necessary to conform to any applicable law or ordinance. 26.02 - Amendment Amendment of this Manual shall be considered approved and effective upon a majority vote of the Corporate Authorities, unless otherwise specifically indicated. 77 VILLAGE OF BUFFALO GROVE PERSONNEL MANUAL ACKNOWLEDGMENT FORM I hereby acknowledge receipt of the Village of Buffalo Grove Personnel Manual ( "Manual "). I agree and represent that I have read or will read the Manual in its entirety. I understand that the Manual has have been develo ed as a reference guide for Village employees and that neither the Manual nor its individual terms constitute or represent binding contractual commitments or promises, either expressed or imvlied, on the part of the Village. I also understand that the policies, benefits and guidelines contained in the Manual can be changed or discontinued by the Village at any time, with or without notice. I understand that no representative of the Village, other than the Village Manager, with the approval of the Corporate Authorities, has authority to enter into any employment agreement for any specific period of time or to make any binding representation or agreement, whether oral or written, contrary to the foregoing. I understand and will comply with all policies within the Manual in addition to any other Departmental rules or policies that apply to my employment, as amended July 17, 2006 and effective August 21, 2006. Signature Print Name Department 78 Date