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2018-01-22 - Resolution 2018-03 - ADOPTING AMENDMENTS TO THE PERSONNEL MANUALRESOLUTION NO. 2018 - 03 F4101 D101 113 1 DltZN &V [IN V a' 106 W D) R%'91010 DI NO 1-11 WHEREAS, on June 18, 1984 the Buffalo Grove Board of Trustees adopted personnel policies and procedures by Resolution No. 84-43 and amended same in 1988, 1990, 1993, 1994, 1996, 1998, 2000, 200 1; 2003, 2005, 2006, 2007, 2009, 2011, 2012 and 2013; and, WHEREAS, in order to reflect current trends in human resources administration, occasional amendments to the Personnel Manual are necessary; and, NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the changes to the Personnel Rules that are contained in Exhibit A attached hereto are adopted by the Village of Buffalo Grove amending the personnel policies and procedures adopted by Resolution No. 84-43; and, BE IT FURTHER RESOLVED that the amendments hereto referenced shall be in full force effective January 22, 2018. AYES: 5 — Berman, Stein, Weidenfeld, Johnson, Smith NAYS: 0 - None ABSENT: 1 - Ottenheimer PASSED: January 22, 2018. APPROVED: January 22, 2018. APPROVED - "I IMA 'AX Beverly Suss , Village President - — ATTEST: Janet-M.'Sirabian, Village Clerk VILLAGE OF BUFFALO GROVE PERSONNEL MANUAL Amended: January 22, Day, 2018 Effective: January 22 Day, 2018 4849-1453-1661.v1-8/17/2017 4:29 PM VILLAGE OF BUFFALO GROVE 50 Raupp Boulevard. Buffalo Grove, Illinois 60089-2196 Dane C. Bragg Village Manager 847-459-2525 January 22, 2018 To:The Employees of the Village of Buffalo Grove VILLAGE DF uiU Tom U erouc The Village strives to provide a stable and professional workplace for all employees. To that end, it is necessary and prudent to provide for personnel policies, regulations and customs that support the appropriate work environment. The Village's reputation for providing high -quality, efficient and timely municipal services is dependent on the appropriate culture and support for its employees. The foregoing personnel manual has been developed with an eye toward providing for modern and competitive benefit programs, policies and standards for the Village of Buffalo Grove workplace. This Manual should be used as the primary basis for employees, Supervisors and directors to formulate policy, administer day-to-day operations and, when necessary, implement disciplinary measures. While the Manual provides a great deal of insight on many personnel matters, its content cannot exhaust the realm of possible personnel matters that will arise in the conduct of a municipal government. In those instances where the Manual does not provide adequate guidance, or where interpretation of the policy is needed, please refer said matters to the Director of Human Resources for further assistance. Finally, this Manual does not constitute an employment contract or promise of specific terms and conditions of employment. The Village may endeavor to amend this Manual and its policies from time to time and for the betterment of the organization. You are encouraged to stay abreast of developments in the Village's personnel policies and to know your rights as an employee. We hope that our employees will continue to find the human resources practices and benefits compatible with effective employee performance. It is the Village's intent to ensure that a professional environment is maintained so that our employees will have the capability and desire to continue their excellent work. Sincerely, 14� Dane C. Bragg Village Manager BUFFALO GROVE PERSONNEL MANUAL TABLE OF CONTENTS INTRODUCTION......................................................................................................................... 1 Chapter1.00 - General Provisions.............................................................................................. 2 1.01 - Purpose of Manual.................................................................................................. 2 1.02 - Positions Covered by the Manual.......................................................................... 2 1.03 - Administration of the Rules................................................................................... 2 1.04 - Board of Fire and Police Commissioners............................................................. 2 1.05 - Departmental Regulations..................................................................................... 2 1.06 - Collective Bargaining Agreements........................................................................ 3 1.07 - Construction of the Rules....................................................................................... 3 Chapter2.00 - Definitions............................................................................................................ 4 2.01 - Anniversary Date.................................................................................................... 4 2.03 - Appointing Authority............................................................................................. 5 2.05 - Appointment............................................................................................................ 5 2.07 - Board of Fire and Police Commissioners............................................................. 5 2.09 - Class/Job Title........................................................................................................ 5 2.11 - Classification........................................................................................................... 5 2.13 - Class Series.............................................................................................................. 5 2.15 - Class Specification/Job Description...................................................................... 5 2.17 - Collective Bargaining Agreement......................................................................... 5 2.19 - Controlled Substances............................................................................................ 6 2.21 - Corporate Authorities............................................................................................ 6 2.22 - Day........................................................................................................................... 6 2.23 - Demotion.................................................................................................................. 6 2.25 - Department.............................................................................................................. 6 2.27 - Department Director.............................................................................................. 6 2.28 - Division.................................................................................................................... 6 2.29 - Division Director..................................................................................................... 6 2.31 - Emergency............................................................................................................... 6 2.33 - Examination............................................................................................................ 6 2.35 - Exempt/Non-Exempt Status.................................................................................. 7 2.37 - Grievance................................................................................................................. 7 2.39 - Immediate Family................................................................................................... 7 2.41- Layoff....................................................................................................................... 7 2.43 - Original Employment Date.................................................................................... 7 2.44 - Pay Plan................................................................................................................... 7 2.47 - Position.................................................................................................................... 7 2.48 - Position Classification Plan.................................................................................... 8 2.49 - Probationary Period............................................................................................... 8 2.51 - Promotion................................................................................................................ 8 2.53 - Reclassification........................................................................................................ 8 2.55 - Special Leave........................................................................................................... 9 2.57 - Transfer................................................................................................................... 9 2.59 - Vacancy.................................................................................................................... 9 2.61 - Village Manager...................................................................................................... 9 Chapter 3.00 - Equal Employment Opportunity.....................................................................10 3.01 - Policy & Responsibility........................................................................................10 3.02 - Disability & Pregnancy Accommodation...........................................................10 3.03 - Religious Accommodation...................................................................................11 3.04 - Anti -Harassment Policy.......................................................................................11 Chapter 4.00 - Applications and Applicants............................................................................17 4.01 - Recruitment...........................................................................................................17 4.02 - Application Forms................................................................................................17 4.03 - Disqualification..................................................................................................... 17 4.04 - Disqualification by Reason of Conviction (which is not expunged or sealed). 18 4.05 - Examinations.........................................................................................................19 Chapter5.00 - Appointments..................................................................................................... 20 5.01- Appointments........................................................................................................ 20 5.02 - Transfer................................................................................................................. 20 5.03 - Appointment Forms............................................................................................. 20 Chapter6.00 - Probationary Period.......................................................................................... 21 6.01- Purpose.................................................................................................................. 21 6.02 - Documentation...................................................................................................... 21 6.03 - Duration................................................................................................................. 21 6.04 - Rating of Probationary Period............................................................................ 21 6.05 - Termination During Probationary Period......................................................... 21 6.06 - Demotion During Probationary Period.............................................................. 22 6.07 - Extension............................................................................................................... 22 Chapter 7.00 - Position Classification....................................................................................... 23 7.01 - The Classification Plan......................................................................................... 23 7.02 - Purposes of the Classification Plan (may include without limitation): ............ 23 7.03 - Administration of the Classification Plan.......................................................... 24 7.04 - Classification of Positions.................................................................................... 24 7.05 - Effect of Classification Changes on Incumbent ................................................. 25 7.06 - Class Specifications/Job Descriptions/Job Descriptions ................................... 26 7.07 - Use in Selection Process....................................................................................... 27 7.08 - Use of Class/Position/Position Titles................................................................... 27 Chapter8.00 - Compensation.................................................................................................... 28 8.01 - Authority to Establish Salaries............................................................................ 28 8.02 - Compensation Plan............................................................................................... 28 8.03 - Amendment of the Compensation Plan.............................................................. 32 8.04 - Total Remuneration............................................................................................. 32 ii 8.05 - Dual Employment Prohibited.............................................................................. 32 8.06 - Equivalent Compensation.................................................................................... 33 8.07 - Beginning Salary................................................................................................... 33 8.08 - Salary Increases.................................................................................................... 33 8.09 - Pay Rate Adjustments.......................................................................................... 33 8.10 - Temporary Assignment to Higher Level Position ............................................. 34 8.11 - Overtime................................................................................................................ 34 8.12 - Call Back Pay........................................................................................................ 35 8.13 - Pay Periods - Pay Days......................................................................................... 35 8.14 - Longevity Pay........................................................................................................ 35 Chapter9.00 - Performance Evaluation................................................................................... 37 9.01 - General Responsibilities....................................................................................... 37 9.02 - Employee Performance Evaluations................................................................... 37 Chapter 10.00 - Hours of Work and Attendance..................................................................... 39 10.01 - Hours of Work.................................................................................................... 39 10.02 - Work Schedules.................................................................................................. 40 10.03 - Attendance........................................................................................................... 40 Chapter11.00 - Holidays............................................................................................................ 42 11.01 - Holiday Observances.......................................................................................... 42 11.02 - Holiday Compensation....................................................................................... 43 Chapter12.00 - Vacation Leave................................................................................................ 44 12.01 - Amount................................................................................................................ 44 12.02 - Accrual................................................................................................................. 45 12.03 - Scheduling........................................................................................................... 46 12.04 - Payment on Separation...................................................................................... 46 12.05 - Holidays Occurring During Vacation Period .................................................. 46 12.06 - Vacation Leave for Part -Time Employees....................................................... 47 12.07 - Compensation in Lieu of Vacation Leave......................................................... 47 Chapter13.00 - Sick Leave........................................................................................................ 49 13.01 - Amount................................................................................................................ 49 13.02 - When Taken........................................................................................................ 49 13.03 - Accrued Sick Leave............................................................................................ 50 13.04 - Medical Certificate............................................................................................. 52 13.05 - Temporary Light Duty....................................................................................... 52 13.06 - Family and Medical Leave of Absence ("FMLA") Policy .............................. 53 Chapter14.00 - Special Leave.................................................................................................... 61 14.01 - Approval Authority............................................................................................ 61 14.02 - Bereavement Leave............................................................................................. 61 14.03 - Child Bereavement Leave.................................................................................. 61 iii 14.04 - VESSA Leave...................................................................................................... 62 14.05 - School Visitation Leave...................................................................................... 63 14.06 - Court Leave......................................................................................................... 64 14.07 - Voting Leave....................................................................................................... 64 14.08 - Military Leave..................................................................................................... 64 14.09 - Nursing Mothers in the Workplace.................................................................. 65 14.10 - Military Training Leave of Absence................................................................. 65 14.11 - Family Military Leave of Absence.................................................................... 65 14.12 - Leave of Absence Without Pay.......................................................................... 66 14.13 - Occupational Injury Leave................................................................................ 67 14.14 - Absence Without Leave...................................................................................... 67 Chapter 15.00 - Health and Life Insurance and Retirement Plans ........................................ 68 15.01- Health and Life Insurance................................................................................. 68 15.02 - Retirement Plans................................................................................................. 69 15.03 - Continuation of Benefits (COBRA).................................................................. 69 15.04 - Continuation of Benefits Upon Retirement...................................................... 69 Chapter 16.00 - Separation and Disciplinary Actions............................................................. 70 16.01 - Resignations........................................................................................................ 70 16.02 - Termination......................................................................................................... 70 16.03 - Return of Village Property................................................................................ 70 16.04 - Standards of Conduct......................................................................................... 70 16.05 - Disciplinary Actions........................................................................................... 73 16.06 - Reduction in Force - Layoff............................................................................... 74 16.07 - Retirement........................................................................................................... 75 16.08 - Exit Interviews.................................................................................................... 75 Chapter 17.00 - Employee Safety and Development................................................................ 76 17.01- General................................................................................................................ 76 17.02 - On the Job Safety................................................................................................ 76 17.03 - Training and Development................................................................................ 78 17.04 - Uniform - Clothing Provisions........................................................................... 79 17.05 - Attitude and Appearance................................................................................... 80 17.06 - Service Recognition............................................................................................ 80 Chapter18.00 - Travel Expenses............................................................................................... 82 18.01 - Policy.................................................................................................................... 82 18.02 - Travel Expenses.................................................................................................. 82 18.03 - Use of Village Vehicles....................................................................................... 83 18.04 - Use of Personal Vehicles..................................................................................... 83 18.05 - Vacation Combined with Official Travel......................................................... 83 18.06 - Travel Reimbursement or Repayment of Advance to Village ........................ 83 iv Chapter19.00 - Records and Reports....................................................................................... 84 19.01 - Personnel Records.............................................................................................. 84 19.02 - Service Register................................................................................................... 84 19.03 - Reports................................................................................................................. 84 19.04 - Confidentiality.................................................................................................... 84 Chapter 20.00 - Prohibitions and Penalties.............................................................................. 85 20.01 - Participation in Political Activities................................................................... 85 20.02 - Discrimination..................................................................................................... 85 20.03 - No Smoking......................................................................................................... 85 20.04 - Employment of Relatives................................................................................... 86 20.05 - Release of Information....................................................................................... 86 20.06 - Media Relations.................................................................................................. 86 20.07 - Gifts and Gratuities............................................................................................ 87 20.08 - Anti -Workplace Violence/Bullying Policy........................................................ 87 20.09 - Solicitation, Distribution and Use of Bulletin Boards ..................................... 88 Chapter21.00 - Appeals and Grievances.................................................................................. 90 21.01 - Grievance Policy................................................................................................. 90 21.02 - Grievance Procedure.......................................................................................... 90 21.03 - Classification Grievances................................................................................... 91 21.04 - Compensation Grievances................................................................................. 91 21.05 - Retroactive Adjustment..................................................................................... 91 21.06 - Fire and Police Departments............................................................................. 91 21.07 - Discretion of Village........................................................................................... 91 Chapter22.00 - No Expectation of Privacy.............................................................................. 92 22.01 - Computers, Pagers, Telephones and other Communications Equipment .... 92 22.02 - Lockers, Desks and other Village Property...................................................... 92 Chapter 23.00 - Communications and Information Technology ............................................ 93 23.01- Communications and Information Technology Policy .................................... 93 23.02 - Social Media Policy............................................................................................. 98 23.03 - Identity Protection Policy.................................................................................. 99 23.04 - Protection of Information Technology...........................................................100 Chapter 24.00 - Drug Free Workplace...................................................................................101 24.01- Drug Free Workplace Policy...........................................................................101 Chapter 25.00 - Management Rights......................................................................................106 25.01- Management Rights..........................................................................................106 Chapter 26.00 - Savings Clause and Amendment..................................................................107 26.01- Savings Clause...................................................................................................107 v 26.02 - Amendment.......................................................................................................107 vi INTRODUCTION This Manual serves as a reference guide to employees detailing many personnel policies, rules, benefits and practices. It includes a summary of the basic policies and rules that are applicable to employees, as well as the benefits available to you as an employee of the Village of Buffalo Grove. Guidelines for the employment of full-time, part-time and temporary/seasonal staff are outlined in this Manual. The personnel policies within the Manual are compiled in accordance with the policies and guidelines adopted from time to time by the Corporate Authorities. Once adopted, the personnel policies prescribed herein supersede and cancel any prior written or oral policies, practices and agreements. The Corporate Authorities reserve the right to unilaterally revise, supplement or discontinue any of the policies, statements, guidelines or benefits described in this Manual, at any time, with or without prior notice. You will be duly notified of any such revisions, supplements or other changes. Each employee should review this Manual and become familiar with its contents. If you have any comments, suggestions or questions about any aspect of your employment, you are encouraged to discuss them with your Department/Division Director or the Director of Human Resources. He/she will listen to your concerns, take appropriate action if necessary, and/or provide you with the information you need or direct you to someone who can help to provide you with that information. The Village Manager (or designee) has authority for overseeing the enforcement of the policies contained within this document, and for the direction of the activities of all employees, except those whose appointment is otherwise prescribed. Should any question arise as to the proper interpretation of any provision of this document, or any other personnel policy, the decision of the Village Manager (or designee) will be final. Please note that, neither the existence of the Manual, nor anything contained in the Manual nor any written or oral statement interpreting, explaining or clarifying the policies contained in this Manual, is intended to create a promise, nor shall it create an employment contract or contractual commitment, either expressed or implied. Additionally, if there is a conflict between the terms of any benefit plan and a statement in this Manual, the actual terms of the benefit plan will govern in all cases. Neither this Manual nor any other Village document confers any contractual right, either express or implied, to remain in the Village's employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any specific time and may be terminated with or without cause and without prior notice by the Village (except as provided in any applicable collective bargaining agreement), or you may resign for any reason at any time. No Supervisor or other representative of the Village, other than the Village Manager (or designee), with the approval of the Corporate Authorities, has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the above. BUFFALO GROVE PERSONNEL MANUAL CHAPTER 1.00 GENERAL PROVISIONS Chanter 1.00 - General Provisions Sections: 1.01 Purpose of Manual 1.02 Positions Covered by the Manual 1.03 Administration of the Rules 1.04 Board of Fire and Police Commissioners 1.05 Departmental Regulations 1.06 Collective Bargaining Agreements 1.07 Construction of the Rules 1.01- Purpose of Manual It is the purpose of this Manual to set forth many of the principles and procedures, which will normally be followed by the Village of Buffalo Grove in the administration of its personnel programs. They are intended to help ensure an efficient, equitable, and functional system of personnel administration based on merit and other appropriate principles, which govern matters including appointment, compensation, promotion, transfer, layoff, dismissal, discipline, and other conditions of employment. This Manual does not imply nor express a promise or contractual relationship between the Village and its employees. 1.02 - Positions Covered by the Manual Not all of the terms of this Manual shall apply to all employees of the Village. For example, the Manual does not apply to the Corporate Authorities, or other persons appointed, commissioned or contracted by the Corporate Authorities, unless otherwise indicated and/or as required by law. 1.03 - Administration of the Rules The Village Manager (or designee) shall be charged with the overall responsibility for the administration of the contents of this Manual. 1.04 - Board of Fire and Police Commissioners The rules and regulations of the Board of Fire and Police Commissioners shall apply to all sworn employees of the police and fire departments in positions not otherwise exempted by Village ordinance. Where the provisions of this Manual conflict with those of the Board of Fire and Police Commissioners, the latter shall prevail, to the extent consistent with state law. 1.05 - Departmental Regulations This Manual governs the conduct and performance of employees. Departments may have other rules, practices and regulations adopted or enforced by Department Directors that also govern the conduct and performance of employees. Departmental rules and regulations shall not conflict with provisions of these rules, or the rules and regulations of the Board of Fire and Police Commissioners. Such rules, practices and regulations, when approved, published, and distributed as herein provided, shall have the force and effect of rules of that Department and 2 disciplinary action may be taken as deemed appropriate based upon breach of any such rules, practices and/or regulations. Departmental rules and regulations or similar guidelines do not imply nor express a contractual relationship between the Village and its employees. Should any such departmental rules and/or regulations conflict with the provisions of this Manual, this Manual shall prevail, unless otherwise approved by the Village Manager (or designee) and/or if required by law. 1.06 - Collective Bargaining Agreements This Manual shall apply to all employees covered by a collective bargaining agreement. Where the provisions of the Manual conflict with those of a collective bargaining agreement, the latter shall prevail in all cases except as provided by law. 1.07 - Construction of the Rules In the construction of the Manual, the following conventions will be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural, the singular. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The words "he/she," "his/her" and "him/hers" shall connote both masculine and feminine genders. 3 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 2.00 DEFINITIONS Chanter 2.00 - Definitions Sections: 2.01 Anniversary Date 2.03 Appointing Authority 2.05 Appointment 2.07 Board of Fire and Police Commissioners 2.09 Class/Job Title 2.11 Classification 2.13 Class Series 2.15 Class Specification/Job Description 2.17 Collective Bargaining Agreement 2.19 Controlled Substances 2.21 Corporate Authorities 2.22 Day 2.23 Demotion 2.25 Department 2.27 Department Director 2.28 Division 2.29 Division Director 2.31 Emergency 2.33 Examination 2.35 Exempt/Non-Exempt Status 2.37 Grievance 2.39 Immediate Family 2.41 Layoff 2.43 Original Employment Date 2.44 Pay Plan 2.47 Position 2.48 Position Classification Plan 2.49 Probationary Period 2.51 Promotion 2.53 Reclassification 2.55 Special Leave 2.57 Transfer 2.59 Vacancy 2.61 Village Manager (or designee) 2.01- Anniversaryy Date The initial anniversary of an employee's date of hire shall constitute an employee's "anniversary date" for longevity pay. Thereafter, the effective date of demotion, promotion, or return from a leave without pay longer than ninety (90) days shall constitute the new anniversary date for merit pay and other benefit purposes. When a part-time employee is promoted to a full-time position, longevity shall be calculated based on the date of their promotion to the full-time position. 0 2.03 - Appointing Authority The officer, employee, or board having the power of appointment and removal of subordinate positions in any office, department, or division, or any person or group of persons having the power by virtue of ordinance or other lawfully delegated authority to make appointments to positions in the municipal service. 2.05 - Appointment The designation to a position in the municipal service of a person who has met the qualifications for employment through an appropriate selection process. 2.07 - Board of Fire and Police Commissioners The Board of Fire and Police Commissioners of the Village of Buffalo Grove, Illinois. 2.09 — Class/Job Title One (1) or more positions substantially similar in respect to assigned essential work duties and responsibilities that the same class title may be reasonably used to designate each position allocated to the class, that the same minimum education and work experience qualifications may be required, and the same salary range may apply. 2.11 - Classification The original assignment of a position to an appropriate class on the basis of the skill level, experience, job content, and responsibility of work to be performed. 2.13 - Class Series The arrangement in sequence of classes that are alike in kind of work and responsibility, but are not at the same level of assigned work and responsibility. 2.15 - Class Specification/Job Description A written statement that may include many of the characteristic duties, responsibilities, and qualification requirements that distinguish a specific class from other classes. Duties, responsibilities, job content and qualifications listed on a class specification/job description are not intended to be construed as all inclusive. 2.17 - Collective Bargaining Agreement A duly authorized contract between the Corporate Authorities and a labor union authorized to represent any covered employees concerning such issues as wages, hours and conditions of employment. 5 2.19 - Controlled Substances The phrase "controlled substances" includes, without limitation, any substance as defined and included in the schedules of Article II of the "Illinois Controlled Substances Act," cannabis as defined in the "Illinois Cannabis Control Act," and U.S. Department of Transportation Commercial Driver's License "drug list." This phrase also includes any lawful substance used contrary to its intended purposes. 2.21 - Corporate Authorities The President and Board of Trustees of the Village of Buffalo Grove, Illinois. 2.22 - Day The twenty-four (24)-hour period of time established for work which begins at 12:00 a.m. of each day. 2.23 - Demotion The movement of an employee from a position in one class to a position in another class having a lower job grade and/or classification. 2.25 - Department Any of the departments of the Village of Buffalo Grove, now or as hereafter established. 2.27 - Denartment Director The officially appointed director of any department and/or his/her authorized designee. 2.28 - Division Any of the divisions of the Village of Buffalo Grove, now or as hereafter established. 2.29 - Division Director The officially appointed director of any departmental division and/or his/her authorized designee. 2.31 - Emergency A sudden and/or unforeseen happening, act of God, weather condition or circumstance that requires the unscheduled services of an employee for reasons including, the protection of the health, welfare, and safety of the community. 2.33 - Examination The appraisal of persons by the use of measurements which includes the possession of competencies, knowledge, skills, abilities (with or without reasonable accommodation if individual is disabled), and/or general suitability for the position for which they are being T evaluated. Such examinations also may measure factors such as work performance, attendance (as appropriate) and overall attitude. 2.35 - Exempt/Non-Exempt Status An exempt employee is one who is exempt from overtime pay and paid on a salaried basis as defined by the Fair Labor Standards Act of 1938, as amended, and the Illinois Minimum Wage and Overtime Law. A non-exempt employee is one who is eligible for overtime pay as defined by the Fair Labor Standards Act of 1938, as amended, and the Illinois Minimum Wage and Overtime Law. 2.37 - Grievance A "grievance," as used in this Manual, includes a disagreement or question relating to working conditions, personnel rules and regulations, and working conditions or relationships between an employee and his Supervisor or other employees. It is understood that the phrase "grievance," as used in this Manual, excludes any disagreement or issue arising under or concerning the provisions of any labor agreement as the terms of the labor agreement will govern such dispute(s). 2.39 - Immediate Family For purposes of this Manual, the phrase "immediate family", includes only: husband, wife, civil union partner, son, son in law, daughter, daughter in law, step child, foster child, mother, mother in law, step mother, father, father in law, step father, brother, brother in law, sister, or sister in law of the employee, grandparents of the employee or his/her legal spouse (or civil union partner), aunt and uncle of the employee or his/her legal spouse (or civil union partner), niece and nephew of the employee or his/her legal spouse (or civil union partner). 2.41- Layoff The separation of an employee based upon lack of work, or funds or other business reasons which are generally not related to fault, delinquency or misconduct on the part of the employee. 2.43 - Original Employment Date The date an employee first reports to work following appointment to a position in the municipal service. 2.44 - Pay Plan A list of job titles and corresponding minimum and maximum rates of pay that may be adopted from time to time by the Corporate Authorities. 2.47 - Position A group of current duties and responsibilities assigned or delegated, requiring the full-time, part- time, and/or temporary employment of one person. These types of employment are described as follows: 7 A. Full -Time Employee. A position included in the adopted annual budget that is neither specified as part time or temporary employment, nor limited for a period of less than the budget year; also any such position established during a given budget year unless the appointing authority certifies that such position will not be continued in the succeeding year's budget; and who work, on average, at least thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. B. Regular Employee: An employee who has been appointed to a full-time position in accordance with this Manual and who has successfully completed the probationary period of said position. C. Regular Part -Time Employee: Year-round Employment in a position for work on a basis of less than a standard work day, work week, or duty tour which may be of a regular or intermittent nature, and who work, on average, less than thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. D. Temporary/Seasonal Employee: A position comprising duties which occur, terminate and which may recur seasonally, intermittently and according to the needs of a department; non-permanent/regular employment lasting generally less than twelve (12) consecutive calendar months and who work, on average, less than thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. 2.48 - Position Classification Plan An outline of positions that may be arranged in similar occupational groups. 2.49 - Probationary Period A trial period served as part of the selection process of regular employees (including designated extensions thereto). See Section 6.02 for details of a normal probationary period. 2.51 - Promotion The movement of an employee from one job classification and/or title to another job classification and/or title having a higher maximum salary rate having been so qualified by an appropriate selection process. 2.53 - Reclassification The determination by the Village Manager (or designee) that a position be assigned to a class different from the one to which it was previously classified. 2.55 - Special Leave Special Leaves are the forms of leave which an employee may apply in accordance with the guidelines set forth in Chapter 14.00 of this Manual. In addition to the guidelines and policies within Chapter 14.00 of this Manual, the Village offers a flexible leave policy for disabled employees where it constitutes a reasonable accommodation to assist the employee in the performance of his/her essential job functions. 2.57 - Transfer The movement of an employee from one department, division, or unit of the municipal government to another, from one position to another position of the same class, and/or to another class having the same maximum salary rate, involving the performance of similar duties and requiring essentially the same basic job qualifications. 2.59 - Vacancy A duly created position which is not occupied and which the Village Manager (or designee) has the discretion to decide whether or not to fill. 2.61 - Village Manager The Chief Administrative Officer of the Village of Buffalo Grove, Illinois, or his designee, as established in Chapter 2.08 of the Village of Buffalo Grove Municipal Code. W BUFFALO GROVE PERSONNEL MANUAL CHAPTER 3.00 EQUAL EMPLOYMENT OPPORTUNITY Chapter 3.00 - Equal Employment Opportunity Sections: 3.01 Policy & Responsibility 3.02 Accommodation Policy 3.03 Anti -Harassment Policy 3.01 - Policy & Responsibility The Village of Buffalo Grove is firmly committed to providing equal employment opportunities to all applicants and employees. This commitment applies to all aspects of employment, training, compensation, promotion, discipline, discharge and other terms and conditions of employment without regard to any legally protected category including (without limitation): race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil Union status, military status, disability, genetic history, or unfavorable discharge from military service (except where provided by federal, state or local law), pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law. Alleged violations of this policy should be promptly reported to the Village Manager (or designee), Department Director, Division Director, Director of Human Resources or Deputy Village Manager or Designee. All such reports will be promptly investigated and remedied as appropriate. No retaliation will be taken or tolerated against any person who files a complaint, requests an accommodation, and/or participates in an investigation under this policy. 3.02 - Disability & Pregnancy Accommodation The Village of Buffalo Grove makes reasonable accommodations when necessary for all employees and/or applicants with disabilities and/or are affected by pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, provided the individual is otherwise qualified to perform the essential functions of the job. The Village of Buffalo Grove prohibits discrimination on the basis of disability, pregnancy, or medical conditions related to pregnancy or child birth. Therefore, the Village of Buffalo Grove will not refuse to hire, segregate, or take any other employment action with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or the terms, privileges or conditions of employment on the basis of pregnancy or disability. The Village of Buffalo Grove will not require an employee affected by a disability or pregnancy to take a leave of absence (against the employee's wishes) if another reasonable accommodation can be provided to the known medical conditions related to the disability, pregnancy or childbirth of that employee. Further, the Village of Buffalo Grove will not fail or refuse to reinstate an employee affected by pregnancy or other disability to his/her original job or to an equivalent position with equivalent pay, seniority, and benefits upon her signifying his/her intent to return to work or when the need for reasonable accommodation ceases, unless the Village of 10 Buffalo Grove can demonstrate that the accommodation would impose an undue hardship on the Village of Buffalo Grove's operations. The Village of Buffalo Grove may request documentation from an employee's health care provider concerning: the need for the requested reasonable accommodation(s); the medical justification for the requested accommodation(s); a description of the reasonable accommodation(s) that is medically advisable; the date the reasonable accommodation(s) became (or will become) medically advisable; and/or the probable duration of the reasonable accommodation(s). The Village of Buffalo Grove may deny an accommodation if it imposes an undue hardship. Employees and/or applicants are encouraged to discuss their need for a reasonable accommodation with Human Resources pursuant to an interactive discussion. 3.03 - Religious Accommodation We will attempt to make reasonable accommodations for an employee's observance of religious holidays and sincerely held religious beliefs. If you desire a religious accommodation, such as an exemption from the grooming or proper attire requirements, you are required to make the request in writing to your Supervisor as far in advance as possible. Employees should feel free to go directly to another member of Management at any time, whether or not the request has been communicated to their Supervisor. These issues will be addressed on a case -by -case basis. 3.04 - Anti -Harassment Policy 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, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, civil union status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law. Harassment is a violation of federal, state and local laws. The Village will not tolerate harassment or retaliation of any kind in the workplace based on any legally protected status. Even if a situation does not rise to the level of unlawful harassment or retaliation, the offender may be subject to disciplinary action under this policy if the conduct is deemed to be unprofessional or inappropriate. Harassment consists of (not all inclusive) unwelcome, physical, visual or spoken conduct regarding any person's race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil Union status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law.. 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, or posting, displaying or circulating written or graphic material that denigrates or shows hostility or aversion to an individual because of such status. 11 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 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 or Designee. 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 or 12 Designee. 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 Manager or Designee. Employees are permitted to submit a confidential report of harassment; however employees are encouraged to provide as much information as possible about the allegations so that the Village can effectively investigate and remedy (if appropriate) any Policy violation(s). 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 conducted 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 an inquiry, complaint or report of sexual harassment or discrimination, or for participating in an investigation of sexual harassment or discrimination (regardless of the outcome). Further, under the Illinois Human Rights Act (775 ILCS 5/6), the Illinois Whistleblower Act (740 ILCS 174/5), and the State Employee Ethics Act (5 ILCS 430) it is a crime to retaliate, or to conspire to retaliate, against an employee because the employee has opposed an action that the employee reasonably believes to be unlawful discrimination or harassment or because the employee has participated in an investigation of harassment or discrimination. However, an employee who knowingly makes a false report of harassment will be subject to discipline including immediate termination for a first offense if deemed warranted to remedy the situation. Village Procedure for Reporting Harassment: H. 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. 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. 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 (or designee) and will generally follow the following procedures when appropriate: 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 generally will be maintained separately from any employee's personnel file; 13 4. Registering a complaint (or participating in a complaint investigation) will in no way be used against an employee, nor will it have any adverse impact on the complaining individuals' employment. K. The Village Manager, the Deputy Village Manager, the Department Director and/or the Director of Human Resources (or its/their authorized designees) 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 a summary of the conduct or alleged conduct and the disciplinary measure(s), if any, imposed. The complaining employee and alleged wrongdoer generally will receive written notification regarding the outcome of the investigation upon its completion. An employee who files an internal complaint of harassment or discrimination may also be able to file such complaint with the Illinois Department of Human Rights by contacting the Illinois Department of Human Rights (IDHR) at the James R. Thompson Center, 100 Randolph Street, Suite 10-100, Chicago, Illinois 60601. The IDHR will investigate an employee's complaint, and if it determines that there is sufficient evidence of harassment to proceed further, it will file a complaint with the Illinois Human Rights Commission (HRC), located at the same address on the fifth floor. If the ID14R does not complete its investigation within 365 days, an employee may file a complaint directly with the HRC between the 365th and the 395th day. The prohibition against sexual harassment, discrimination and/or retaliation toward any employee also extends to acts, conduct or statements made by a Village official (elected or appointed), agent, lobbyist, attorney, vendor, and/or others who do business with the Village — even if such persons are not employed by the Village and/or compensated for their services by the Village (collectively referred to as the "Vendors"). Therefore, this anti -harassment policy requires the support and example of Village personnel in positions of authority as well as those Vendors (defined above) who do business with the Village. 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 remedial action, including disciplinary measures such as termination for even a first offense if deemed justified by the facts involved. Likewise, employees, officials or agents of the Village who refuse to implement remedial measures, obstruct remedial efforts of other Village employees and/or retaliate against complainants or witnesses will be subject to disciplinary measures. All employees and other personnel, including elected and appointed officials or other vendors (as defined earlier), are required to review and sign a copy of this Village Anti -Harassment Policy to acknowledge their commitment to refraining from engaging in harassment against any Village employee. 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 for business reasons or as required by law. An employee who 14 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 at (312) 814-6200. 15 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, including the anti -retaliation provisions set forth in the Policy. Signature Date Print Name Department 16 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 4.00 APPLICATIONS & APPLICANTS Chapter 4.00 - Applications and Applicants Sections: 4.01 Recruitment 4.02 Application Forms 4.03 Disqualification 4.04 Disqualification by Reason Of Conviction (which is not expunged or sealed) 4.05 Examinations 4.01 - Recruitment The selection process shall be conducted in accordance with both Village -wide and departmental policies and practices. Notice of employment opportunities in the municipal service are normally published by posting announcements on official bulletin boards, and/or in such other places as the Village Manager (or designee) deems advisable. Notice of all examinations for promotion shall be published by posting and other appropriate methods, but need not be published in any newspaper. The announcements normally will specify the class title and salary range of the class for which the examination is announced; the nature of the work to be performed; the minimum qualifications required for the performance of the work of the class; the time, place, and manner of making application, the closing date for receiving applications; and other pertinent information. Exceptions to this policy on recruitment will be made for legitimate business reasons where appropriate with the approval of the Department Director and the Village Manager (or designee). 4.02 - Application Forms All applications shall be made on forms prescribed by the Village Manager (or designee) and shall be submitted on, or prior, to the closing date specified in the announcement. Applications shall require information concerning education, experience, and other pertinent job related information. All applications shall be signed and the truth of the statements contained therein certified by such signature. The appointing authority may require proof of education, experience, and other information as may be appropriate. Falsification of any information contained in an Application Form (no matter when discovered) will be grounds for disciplinary action which may include immediate termination for even the first offense. 4.03 - Disqualification Except as provided by law, the Village Manager (or designee) may refuse to examine an applicant, or, after examination, may disqualify such applicant, or may remove such person already hired and/or appointed if the individual (list is not all inclusive): A. Does not meet the preliminary requirements established for the pertinent class in the position applied for and/or does not otherwise demonstrate the qualifications for the job (either with or without a reasonable accommodation if applicable). B. Is currently engaged in the illegal use of a controlled substance, the illegal use of a legally prescribed drug, or the excessive and untreated abuse use of alcohol. (Note: We 17 provide reasonable accommodations to employees with disabilities but an after the fact request for assistance will not excuse a policy violation). C. Has made a false statement or omission of fact in his/her application form or resume. D. Has used or attempted to use political pressure or bribery to secure an advantage in the selection process. E. Has directly or indirectly obtained information regarding the examination to which, as an applicant, he was not entitled. F. Has failed to submit his fully completed Application Form correctly and/or within the prescribed time limits. G. Fails to cooperate in any part of the application or selection process. H. Has established an unsatisfactory employment or personnel record as evidenced by a reference check of such a nature as to demonstrate actual or potential unsuitability for employment. I. Has taken for another or allowed another to take for him all or part of any examination, or has been found cheating or engaged in other inappropriate acts or omissions in any other way on an examination. Has otherwise violated the provisions of this Manual and/or engaged in any other act or omission deemed harmful to the Village's residents and/or property. Whenever an applicant is rejected or disqualified, notice of such rejection or disqualification may be provided to the applicant if deemed appropriate. Applications, whether accepted or rejected, shall not be returned. 4.04 - Disqualification by Reason of Conviction (which is not expunged or sealed) After an applicant has been selected for an interview, a background check will be completed. All applicants who have been convicted of a crime involving matters such as, but not limited to, violent, offensive and/or disgraceful conduct, or moral turpitude will have their applications subject to further review considering all related factors such as the nature of the duties involved, the length of time since the conviction was served, etc. We reserve the right to reject a candidate following this analysis which will be conducted on a case -by -case basis. Applicants applying for positions within the Village park district, child care facilities, school district, mental health facilities, or secure residential youth care facilities will be screened as part of the initial evaluation process, as permitted by law. This policy does not apply to any conviction that has been expunged or sealed (which will not be the basis of a rejection of a candidate, except as required by law). Applications for employment within the State must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest. Employers may not ask in any format or context, if an applicant has had a juvenile record 18 expunged. Information about an expunged record obtained by a potential employer, even inadvertently, from an employment application that does not contain specific language that states that the applicant is not obligated to disclose expunged Juvenile records of adjudication or arrest, shall be treated as dissemination of an expunged record by the employer. 4.05 - Examinations Examinations shall relate to those matters which fairly test the aptitude, and qualifications of applicants and employees for a position. Examinations may include written, oral, or work simulation tests; ratings of experience and training; fingerprinting and background investigation; polygraph test (only if permitted by law); post offer physical examinations; post -offer alcohol/drug screen; post -offer psychological evaluation; any combination of these; or any other tests deemed necessary and permitted by law. All medical examinations will be job related and based on business need. Disabled employees and applicants will be afforded reasonable accommodations during this examination process if required by law. 19 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 5.00 Chapter 5.00 - Appointments Sections: 5.01 Appointments 5.02 Transfer 5.03 Appointment Forms 5.01 - Appointments A. Full-time, Part-time, and Temporary/Seasonal Positions: Appointments to fill vacancies in full-time, part-time, and temporary/seasonal positions shall be made in accordance with Chapter 4.00 of this Manual. Upon being notified of a promotion, the relinquishing department may delay the promotion until the beginning of a pay period but generally not to exceed three (3) weeks. B. Exceptions to the guidelines in this Chapter will be subject to approval of the Village Manager (or designee) and may be required to be submitted in writing upon request. C. Emergency Appointments: In the case of an emergency including, but not limited to a flood, tornado, or blizzard, which requires the immediate employment of one or more persons to prevent actual or potential impairment of the public business and for which it is not practicable or otherwise appropriate to secure the needed person or persons in accordance with Chapter 4.00 of this Manual in time to meet the emergency, an appointing authority may appoint any qualified person during such emergency for a period generally not to exceed thirty (30) working days. The Village Manager (or designee) shall determine whether an emergency actually exists, and his decision shall be final. 5.02 - Transfer A position may be filled by transferring an employee from a position of the same class or similar class with essentially the same basic qualifications and having the same maximum salary rate. Inter departmental transfers, where practical, may be approved by the requisitioning department, and employee concerned. At the direction of the Village Manager (or designee), the relinquishing department may delay the transfer until the beginning of a pay period, but generally not for a period in excess of three (3) weeks. 5.03 - Appointment Forms No duly appointed employee shall be placed on the payroll until Advice of Status and other required forms have been properly completed and approved by the Village Manager (or designee). BUFFALO GROVE PERSONNEL MANUAL CHAPTER 6.00 PROBATIONARY PERIOD Chapter 6.00 - Probationary Period Sections: 6.01 Purpose 6.02 Documentation 6.03 Duration 6.04 Rating of Probationary Period 6.05 Termination During Probationary Period 6.06 Demotion During Probationary Period 6.07 Extension 6.01 - Purpose The probationary period shall be an integral part of the examination process and shall be utilized as an opportunity to observe an employee's work performance, attitude and habits, to train and aid the employee in adjustment to his position, and/or to reject any employee whose work performance fails to meet the expectations of the Village. 6.02 - Documentation At the beginning of employees' probationary period, they will be asked to fill out all forms required of new employees, if and to the extent they have not yet completed them already (W-4, I-9, etc.). These forms are required under government rules and relate to such matters as tax reporting, immigration law compliance, etc. 6.03 - Duration All original and promotional appointments shall be tentative and subject to an initial probationary period of at least one (1) year from the date of appointment. Original sworn appointees to the Fire and Police Departments shall be on probation for a minimum period of eighteen (18) months or as established by a collective bargaining agreement or Illinois law. Extensions may be appropriate as determined by the Village Manager (or designee) or pursuant to the terms of a collective bargaining agreement. 6.04 - Rating of Probationary Period Supervisors shall periodically observe and document the employee's work performance and shall counsel (if and as appropriate) a probationary employee whose work performance is marginal, inadequate or below standards expected of similarly situated employees performing comparable work. Prior to the expiration of the employee's one year probationary period, the appointing authority shall notify the Village Manager (or designee) if the employee will NOT continue in the position. 6.05 - Termination During Probationary Period During the probationary period, the employee may be dismissed if the appointing authority determines that the employee has failed to demonstrate the ability, qualifications and inadequate 21 overall contributions necessary to furnish satisfactory service or is otherwise unsuitable for continued employment. Dismissal during the probationary period may be with or without cause and shall not be a subject of the grievance procedure described in this Manual. Nothing in this Section 6.04 creates a term of employment either during or after the Probation Period expires. 6.06 - Demotion During Probationary Period Promotional appointees who exhibit inadequate performance and overall contributions during the probationary period may be demoted to a position in the class held prior to the promotional appointment. The Department Director shall notify the Village Manager (or designee) of his/her intention to demote an employee as provided in this section. If approved by the Village Manager (or designee), the employee shall be notified in writing generally not less than five (5) working days prior to the effective date of demotion. 6.07 - Extension Where legally permissible and with the approval of the Village Manager (or designee), an appointing authority may extend the probationary period for a period generally not to exceed a maximum of eighteen (18) months. During any extension of a probationary period, the remaining provisions of this Chapter of the Manual will apply. Upon expiration and/or satisfactory completion of a probationary period (regardless of length), an employee may be subject to counseling, disciplinary action or other appropriate action as deemed appropriate by the appointing authority. In some case, counseling, disciplinary action and/or other action is not appropriate due to the circumstances involved and immediate termination may occur if warranted. 22 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 7.00 POSITION CLASSIFICATION Chapter 7.00 - Position Classification Sections: 7.01 The Classification Plan 7.02 Purpose of the Classification Plan (may include without limitation) 7.03 Administration of the Classification Plan 7.04 Classification of Positions 7.05 Effect of Classification Changes on Incumbent 7.06 Class Specifications/Job Descriptions 7.07 Use in Selection Process 7.08 Use of Class/Position/Position Titles 7.01 - The Classification Plan A position classification plan, based upon factors including, but not limited to, competencies of position, grade nature of work, principal duties and responsibilities, knowledge, abilities, and skills required by the work, may be developed and maintained by the Director of Human Resources. With the approval of the Corporate Authorities, classes may be established, combined, or abolished. The position classification plan may include (not all inclusive): A. An outline of classes of positions in the municipal service arranged in appropriate occupational groups; B. Class specifications/Job Descriptions in such form as prescribed by the Village Manager (or designee); and B. Other factors deemed appropriate by the Village Manager (or designee). 7.02 - Purposes of the Classification Plan ma include without limitation A. To provide like pay for substantially similar/like work. B. To establish educational and work experience qualifications for recruiting, testing, and other selection purposes. C. To provide appointing authorities with a means of analyzing work distribution, areas of responsibility, lines of authority, and other relevant relationships between individual and groups of positions. D. To assist appointing authorities in determining personnel service costs and projections for annual budget requirements. E. To provide a basis for developing standards of work performance, including competencies. F. To establish lines of promotional opportunity. 23 G. To indicate employee training needs and development potentials. H. To provide uniform and meaningful titles for all positions. I. To provide the fundamental basis of the compensation program and other aspects of the personnel program. 7.03 - Administration of the Classification Plan The Village Manager (or designee) may periodically require position classification studies at such times as he/she deems necessary to ensure the proper classification of existing or proposed positions in the municipal service. If the Village Manager (or designee) determines that classes should be established, combined or abolished, he/she may so amend the classification plan subject to approval of the Corporate Authorities. Revisions of class specifications required to accurately reflect the nature of work or principal duties and responsibilities of classes may be made without approval of the Corporate Authorities, provided, however, that such revisions generally will not change the number of classes or the maximum rate of pay of a class. 7.04 - Classification of Positions A. Each position in the municipal service, except those personnel exempted from this Manual by Section 1.02, shall be classified at the direction of the Village Manager (or designee). Positions may be assigned to a specific class when (not all inclusive): 1. The same descriptive title may be used to designate each position in the class; and 2. The same kinds and levels of education, experience, knowledge, ability, skill and other qualifications may be required of incumbents; and 3. Similar tests of fitness may be used to examine applicants; and 4. The same range of compensation will apply equally under substantially the same or similar employment conditions. B. All classes of positions involving the same character of work but differing as to level of difficulty and responsibility may be assembled into a class series of two (2) or more levels. C. Compensation or present pay range generally will not be a factor in determining the classification of any position or the standing of any incumbent. D. In allocating any position to a class, the specification for the class shall be considered as a whole. Consideration shall be given to appropriate factors including, but not by way of limitation, the general duties, specific tasks, responsibilities, required educational and experience qualifications for such positions, and the relationship thereof to other classes. The examples of duties set forth in such class specification shall not be construed as all inclusive or restrictive, and an example of a typical task or a combination of two (2) or more examples of work performed shall not be taken, without relation to all parts of the specification, as determining that a position should be included within a class. 24 E. Normally, no employee whose position has been allocated to its appropriate class shall be assigned or required to perform duties generally performed by persons holding positions in other classes, except in case of emergency or training, or for other limited periods of time. Generally, the time period shall not exceed four (4) consecutive weeks without specific authorization by the Village Manager (or designee). The clause in each class specification "performs related work as required" shall be liberally construed. F. Department Directors and Division Directors shall report any organization or program changes that will significantly alter or effect changes in existing classes or classes proposed to be established to the Village Manager (or designee). When any Department Director or Division Director requests the establishment of new or additional classes, or a change in the classification of an existing position, the request shall be submitted in writing along with a statement of essential work duties, essential responsibilities, and qualifications of the position and such other documentation as may be necessary to evaluate the request. 7.05 - Effect of Classification Changes on Incumbent A. Whenever the title of a class is changed without a change in duties and responsibilities, the incumbent normally will have the same status in the new class as he/she had in the former class. B. When a position is reclassified to a class with a higher maximum salary rate, the Village Manager (or designee) may provide the incumbent of the position the same status in the new class as he/she had in the former class, only if he/she finds: 1. That the reason for the reclassification of the position is the accretion of new duties and responsibilities over a period of six (6) months or more immediately preceding the effective date of said reclassification; and 2. That such accretion of duties has taken place during the incumbency of the present incumbent in said position; and That the added duties and responsibilities upon which the reclassification is based could not reasonably have been assigned to any other position; and 4. That the employee occupying a position which has been reclassified shall continue in the position only if he possesses the qualifications of training and experience required for such classification. C. Whenever a position is reclassified from one class to a higher class and the conditions in subparagraph B above are not met, the incumbent shall not continue in the position and may be placed in a lower classified position or removed from his/her employment with the Village (if warranted in the determination of the Village Manager or designee). D. When a position is assigned to a class different from the one to which it was previously classified, the pay status of the incumbent may be changed in accordance with the provisions of these rules governing transfers, promotions, and demotions. 25 7.06 - Class Specifications/Job Descriptions/Job Descriptions A. Official Position Classification Plan: The Village Manager (or designee) shall maintain a master set of approved class specifications which is updated from time to time. Such class specifications shall constitute the official position classification plan. The Village Manager (or designee) shall provide each Department Director and Division Director and appointing authority with a current position classification plan. The position classification plan shall be open for inspection by employees, interested individuals, and the public under reasonable conditions during regular business hours. B. Nature of Specifications: Class specifications are descriptive and not restrictive. They are intended to indicate the kinds of positions that are to be assigned to the respective classes as determined by their duties and responsibilities and shall not be held to exclude those duties and responsibilities which are not specifically mentioned, but are similar as to kind and level. C. Implied Qualifications: Qualifications commonly required of all incumbents of positions of different classes, such as (not all inclusive list): honesty, cooperation, sobriety, and industry, shall be deemed to be implied as qualification requirements for each class, even though they are not specifically mentioned in the class specification. D. Interpretation of Class Specifications: In determining the class to which any position shall be assigned, the class specification for each class shall be considered as a whole. The class specifications are intended to indicate the kinds of positions that are assigned to the classes, as determined by their relative assigned duties, responsibilities, and specific tasks, and are not to be construed as declaring what the duties or responsibilities of any position may be or as limiting or modifying the power of any Department Director to assign, direct, and control the work of employees under his supervision. All class specifications/job descriptions shall be construed in compliance with the Americans with Disabilities Act ("ADA"). As to the particular parts of the class specifications the following principles shall apply: Class/Job/Job Title: The class title is a brief and descriptive designation of the type of work performed. When there is more than one (1) class in an occupational series, numerals are used in the title to designate the level of the class. The Roman Numeral I is always indicative of the entry position in a class series. 2. Nature of Work: This section is a general description of the essential job functions with emphasis on those basic factors which distinguish the class from other classes. Included are such factors as supervision received and exercised, responsibility and difficulty, hazards, and the way in which the work is assigned and results are reviewed. Because this section evaluates the class in terms of relative difficulty and responsibility and thereby establishes the level of the class, it is the section which is most important in determining the class in which a particular position belongs. 26 3. Illustrative Examples of Work: This section is intended to enable the reader to obtain a more complete concept of the actual essential job functions performed in positions assigned to this class. The list is descriptive, but not limiting. It is not intended to describe all work performed in all positions in the class, nor do all examples apply to all positions assigned to the class. It is conceivable in the more populated classes, that only one (1) portion of one (1) work example would apply to a given position. The performance of one (1) or several duties listed as examples of work for a particular class should not be considered as conclusive evidence that the position belongs in the class. A position is assigned to a class only when it meets the criteria defined and set out by the specification as a whole. 4. Requirements of Work: This section includes a statement of knowledge, abilities, and skills considered as requisite to successful performance of the essential job functions of the class, and the education and experience which ordinarily would be expected to provide an employee with the required knowledge, abilities, and skills. It should be noted that the statement of education and experience is generally intended to include any equivalent combination of training and experience as determined by the appointing authority in order to allow admission of all qualified applicants to the selection process. 5. Necessary Special Requirements: This section is used in a few classes where requirements limit practice of a profession or occupation to persons who possess a specific license or certificate issued by an agency of licensure. It also is used to enumerate other practical requirements or specific prerequisites which must be met by applicants before otherwise qualifying for positions in the class. 6. Reasonable Accommodations, as defined by the Americans With Disabilities Act (ADA), are available for disabled employees who are otherwise qualified to perform the essential functions of the available work for positions in the class. 7.07 - Use in Selection Process The specification for any class as interpreted herein, shall constitute the primary basis and source of authority for the recruitment and for the tests to be included in examination for the class and for the evaluation of the qualifications of candidates. Exceptions to this section may be made only if approved by the Village Manager (or designee). 7.08 - Use of Class/Position/Position Titles The class/position title shall be the official title of every position assigned to the class for the purpose of personnel actions and shall be used on all payrolls, budget estimates, and official records. Administrative titles or other working titles authorized by a Department or Division Director may be used to designate any position for purposes of internal communication and/or in oral or written contacts with the public. 27 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 8.00 COMPENSATION Chapter 8.00 - Compensation Sections: 8.01 Authority to Establish Salaries 8.02 The Pay Plan 8.03 Standards for Determination of Pay Ranges 8.04 Amendment of the Compensation Plan 8.05 Total Remuneration 8.06 Dual Employment Prohibited 8.07 Equivalent Compensation 8.08 Beginning Salary 8.09 Salary Increases 8.10 Pay Rate Adjustments 8.11 Temporary Assignment to Higher Level Position 8.12 Overtime 8.13 Call Back Pay 8.14 Pay Periods - Pay Days 8.15 Longevity Pay 8.01 - Authoritv to Establish Salaries The Corporate Authorities shall establish pay ranges for employees under the jurisdiction of the Village Manager (or designee). 8.02 - Compensation Plan The Village of Buffalo Grove has created this compensation policy to develop and implement a performance management program that creates a direct relationship between the performance of an employee and the employee's compensation. The policy is intended to measure outcomes, enhance accountability and emphasize Village -wide priorities, strategic planning and critical job success factors. Compensation Plan Design The design of the compensation plan requires the administration of the following sub -policies, as follows: Goals. It shall be the responsibility of the Village Manager (or designee) to annually establish organizational goals, which shall form the foundation of the performance evaluation and compensation cycles. Department Directors shall be responsible to establish departmental goals which reflect the organizational and unit goals for the operation of each department. Each employee shall be provided his/her organizational, departmental, unit and/or individual goals at the beginning of the evaluation cycle. The employee's performance shall be evaluated at 28 least annually, and more frequently as deemed appropriate by the employee's supervisor, Department Director and/or Village Manager, consistent with the process outlined in the Annual Evaluation section of this policy. Salary Ranges. Each year, the Director of Human Resources shall prepare a schedule of pay classifications, inclusive of the minimum, maximum and midpoint salary for each job classification. Pay ranges or bands may be developed to encompass multiple job classifications based upon like performance requirements, skills, competencies, education and experience required to perform the requirements of the position. Where applicable, salary ranges shall be adjusted to reflect cost of living indices then applicable, and shall be applied in equal units to each salary range. The Village shall provide for an objective evaluation of positional responsibilities based upon job analysis questionnaires and assigned rankings within the Village's organization chart. The Village of Buffalo Grove strives to maintain market competitive salary ranges based on review of comparable salary ranges of like communities, economic factors and sufficient incentives to provide greater compensation to employees assuming greater responsibility. The Village shall triennially conduct a comprehensive survey of comparable municipalities' salary ranges. The comparable communities will generally be the same communities used for represented Police and Fire personnel, except that additional comparable salaries may be incorporated into the analysis where insufficient data exists for like positions of a particular classification, or where the responsibilities associated with a particular classification are unique or extraordinary. To maintain equity between represented and non -represented personnel, the Village shall develop the maximum of each salary range based on the third highest salary range of the comparable communities. Consistent with standard practice and to prevent range compression, range spreads (the difference between the salary range minimum and maximum) will be set at approximately 40 percent, but may be expanded or contracted based upon circumstances unique to a position or class of positions. Department Directors may request a modification of one or more salary ranges. All requests for modification shall be provided to the Human Resources Director and shall be approved by the Village Manager (or Designee) before becoming effective. Requests for review should provide an objective evaluation of the position considered for a salary range adjustment by compensation and responsibility factors, an analysis of like factors for similar positions in comparable communities, an analysis of the impact of the requested salary range adjustment on other positions within the same salary range or band and any other data pertinent to the consideration of the request. Annual Evaluation 29 The Village will conduct annual employee evaluations for all Village employees in May and June, or at such other time as may be warranted to meet the business needs of the Village. All employees will be evaluated. The management staff will use the evaluations to determine an employee's annual potential salary adjustment based on a merit schedule established by the Village Manager (or designee) annually during budget preparations and consistent with this policy. Based on the results of the annual evaluation, the employee will receive a rating of 1("Unacceptable"), 2 ("Needs Improvement"), 3 ("Fully Meets Expectations"), 4 ("Exceeds Expectations"), or 5 ("Outstanding"). To ensure tested and consistent evaluation standards, staff will employ an evaluation system that will: 1. Track employees' performance throughout the year, culminating in the annual evaluation. 2. Track an employee's core competencies for their position. 3. Track progress against his/her annual goals and tasks. 4. Compare employees across the department, classifications, functional units and like positions to ensure a normal distribution of scores and fairness of evaluations administered by different supervisors. 5. Allow for multiple self -evaluations and check -ins throughout the year. Any employee receiving an overall evaluation score of Unacceptable (1) or Needs Improvement (2) will be placed on a formal Performance Improvement Plan. The Performance Improvement Plan will include a written statement prepared by the evaluator with the performance matters to be addressed by the employee and a specific period in which a Special Evaluation shall occur. Any employee receiving an Annual Evaluation or Special Evaluation deemed by the employee to be unacceptable, unfair or incomplete may appeal his/her evaluation score to the Director of Human Resources. The Director of Human Resources shall review the appeal, investigate the circumstances of the appeal and provide a recommendation to the Department Director and the Village Manager (or designee) that the evaluation score be 1) sustained, or 2) rejected, or 3) modified. Upon review of the findings of the Director of Human Resources, the Village Manager (or designee) shall make a final determination upon the appeal and the Department Director shall provide the employee with a copy of the final determination. Salary Adjustment — Non -Represented Employees. Based on the employee's performance, a salary adjustment may be recommended by the employee's supervisor, department director or the Village Manager (or designee). Employees receiving an overall evaluation score within the Fully Meets Expectations (3), Exceeds Expectations (4) or Outstanding (5) rankings shall be eligible for salary adjustment, consistent with the prescribed salary matrix for the applicable evaluation period. Any employee receiving an overall evaluation score of Unacceptable (1) or 30 Needs Improvement (2) shall not be eligible for a salary adjustment at the time of evaluation, but may be recommended for a salary adjustment within the evaluation cycle for sufficient improvement consistent with the Performance Improvement Plan. Salary adjustments shall be awarded up to the top of the adopted salary range, no adjustment shall be made for an employee whose salary is above the maximum salary of the range. Employees evaluated prior to their 6 month anniversary date of hire will not be eligible for a merit increase. Employees evaluated after 6 to 12 months of service may be eligible for a pro- rated merit increase. Recently promoted employees will follow the same guidelines as the newly hire employees. Based on the performance matrix, an employee who achieves the fully meets expectations score consistently can expect to achieve the maximum of his/her salary range in 10 years, an employee who consistently performs above average will achieve range maximum in seven years and an exceptional employee will achieve range maximum in five years. Special Adjustment — Non -Represented Employees. The Village Manager (or designee) may, from time to time, recommend to the Village Board a special adjustment for an employee or group of employees based upon outstanding performance within the employee's or employees' assigned duties, individual achievements, team accomplishments or unit performance. Any special adjustment awarded shall be considered a one-time benefit and shall not be included in the employee's base compensation. Salary Adjustment —Represented Employees. Salary adjustments for represented employees shall be administered consistent with then -current collective bargaining agreements pertaining to the employee's job classification. Compensation Plan Maintenance Base Compensation System Implementation and Maintenance. The Human Resources Department will be responsible for implementing, maintaining, and updating the base compensation plan, including pay for performance. Responsibilities will include: evaluating new/revised classification and jobs; updating the salary range(s); developing performance compensation matrices; performing the salary range survey; and recommending changes to the compensation policy. The Village Manager (or designee) will be responsible for reviewing and recommending to the Village Board any changes to the salary range(s) and the compensation policy. 31 8.03 - Amendment of the Compensation Plan On an annual basis, as well as at other times, the Village Manager (or designee) shall make such comparative salary studies as he/she deems necessary and appropriate, and/or as instructed by the Corporate Authorities to make, concerning factors affecting the levels of salaries in the municipal service. On the basis of the information derived from such salary studies, the Village Manager (or designee) shall recommend to the Corporate Authorities such changes in the pay plan pertinent to the fairness and adequacy of the overall compensation program, if any are appropriate. Recommendations made by the Village Manager (or designee) for the amendment of the pay plan shall be submitted to the Corporate Authorities for appropriate consideration. When approved by the Corporate Authorities, these amendments shall become part of the pay plan and shall become the official salary schedule applicable to the respective classes of positions as enumerated therein, and shall be used by all departments in connection with all payrolls, budget estimates, and official records and reports relating to positions in the municipal service. 8.04 - Total Remuneration A. Any salary or other rate of pay established for an employee shall be the total remuneration for the employee, exclusive of overtime, special duty pay, or other authorized allowances. Except as otherwise provided, no employee shall receive pay from the Village in addition to the salary authorized by the pay plan for services rendered by him, either in the discharge of his ordinary duties or any additional duties which he may undertake or volunteer to perform. B. In any case in which part of the compensation for services in a Village position, exclusive of overtime services, is paid by another department, division, or an outside agency such as the county, state, or the federal government, any such payments shall be deducted from the compensation of the employee concerned (unless otherwise approved by the Village Manager (or designee), to the end that the total compensation paid to any employee from all sources combined for any period, shall not exceed the amount payable at the rate prescribed for the class of position to which the employee is assigned. 8.05 - Dual Employment Prohibited No full-time employee holding a position in the municipal service shall be eligible for employment in any additional position in the municipal service, unless previously approved by the Village Manager (or designee) in writing and where applicable a valid FLSA "7g" agreement has been completed. A full-time or part-time employee may be employed in an additional part time position if approved in advance by the appointing authorities involved and the Village Manager (or designee), in writing. An "Advice of Status" form (or comparable form) must be completed and approved by the Village Manager (or designee) for all positions that an employee works in for the Village. Violation of this Policy (no matter when discovered) is grounds for disciplinary action, including immediate dismissal for first offense. 32 8.06 - Equivalent Comoensation Part-time or temporary employees may be compensated on the basis of the equivalent hourly rate paid for full time employment or such alternate amounts deemed appropriate by the Village Manager (or designee). Such employees shall be paid for only those hours actually worked. 8.07 - Beginning Salary A. The beginning salary or rate of pay for a class shall be the rate paid upon original appointment. Original appointment above the minimum rate may be approved by the Village Manager (or designee), but only if necessary to fill a vacancy or in recognition of outstanding qualifications. B. When any employee previously employed by the Village is reemployed, the Village Manager (or designee) may authorize appointment at a salary step in the range for the class corresponding to that salary step which the employee had been receiving upon termination of his previous service and/or other factors deemed appropriate by the Village Manager (or designee). 8.08 - Salary Increases General pay increases may be granted by the Corporate Authorities to all employees when the Corporate Authorities determine it is necessary/desirable to compensate for changes in economic conditions. All other salary increases shall be in accordance with the provisions of this Manual or as determined by the Village Manager (or designee). 8.09 - Pay Rate Adjustments The following personnel actions may affect the pay status of an employee in the manner provided: A. Transfer: When an employee is transferred between departments and/or divisions of the municipal government or between classes with the same maximum salary rate, the salary rate of the employee will remain unchanged unless the employee's current rate is below the minimum pay rate established for the class to which the employee is transferring. The employee's anniversary date for merit pay increases shall remain unchanged. B. Promotion: When an employee is promoted from a position in one class to a position in another class having a higher maximum salary rate, the salary rate of the promoted employee shall be increased to the new minimum or to that step within the new pay range which provides a five percent (5.0%) or ten (10) step increase above the employee's current step, whichever is greater. The employee's anniversary date for merit pay increases shall be changed to the effective date of promotion, unless otherwise approved by Village Manager (or designee). C. Demotion - Involuntary: When an employee is involuntarily demoted for disciplinary reasons or other business reasons from a position in one class to a position in a class having a lower maximum salary rate, the salary rate of the employee shall be reduced to the maximum of the new class or by five percent (5.0%) or ten (10) steps whichever is 33 greater. The employee's anniversary date for merit pay increases shall be changed to the effective date of demotion. D. Demotion - Voluntary: When an employee is voluntarily demoted from a position in one class to a position in a class having a lower maximum salary rate, the employee's salary rate generally will be reduced, if necessary, to place it in the pay range assigned to the lower class. The employee's anniversary date for merit pay increases shall remain unchanged. 8.10 - Temporary Assignment to Higher Level Position A temporary salary rate increase may be authorized by the Village Manager (or designee) for employees assigned to perform the majority of the distinguishing functions of a position in a class with a higher maximum salary rate where such assignment exceeds four (4) consecutive weeks. Temporary assignments to higher level positions for sworn fire department personnel will be governed by applicable Illinois state statute. If authorized by the Village Manager (or designee) or his designee, the salary rate of the employee shall be increased to the minimum of the range of the higher class or by five percent (5.0%) or ten (10) steps, whichever is greater, generally effective on the fifth (5th) consecutive week of the temporary assignment. The increase shall not be retroactive and shall expire upon termination of the temporary assignment. If an employee becomes eligible for a merit increase during the temporary assignment, any merit pay increase shall be based on the employee's previous salary rate, exclusive of any temporary salary rate increase authorized under this section. 8.11 - Overtime A. Eli ibili : All regular, non-exempt, employees shall be eligible for overtime compensation. Compensation for overtime may be in the form of premium pay or compensatory time off. The Village Manager (or designee) shall designate the form of overtime compensation available to each class of work in the municipal service, consistent with the Fair Labor Standards Act of 1938 ("FLSA"), as amended and any applicable state laws. B. Overtime Hours: Overtime hours shall be computed and paid in increments of one quarter (1/4) of an hour. Overtime amounts of seven (7) minutes or less in a fifteen (15) minute period shall not be compensable. Overtime amounts of eight (8) minutes or more in a fifteen (15) minute period shall be counted and paid as fifteen (15) minutes of overtime. All overtime hours must be approved by the Department Director or their designee in advance; failure to obtain approval before working may result in disciplinary action. C. Scheduling: Overtime scheduling in all departments must be approved in writing or verbally by the Department Director or his designee prior to overtime being worked, except in case of emergency in which case Department Director approval may be designated on the following business day. 34 D. Premium Pay: Employees in classes eligible for premium pay shall be compensated at the rate of one and one half (1.5) times the equivalent hourly rate of the employee for all overtime hours actually worked. Hours worked on the date of an actual holiday that is designated by the Village shall be compensated at the rate of two (2) times the equivalent hourly rate of the employee for hours worked, except as otherwise provided by Section 11.02 of these rules. E. Comnensatory Time: Employees not exempt from the FLSA may at their election be awarded compensatory time off at the rate of one and one half (1.5) times the equivalent hourly rate of the employee for all overtime hours actually worked. The maximum number of compensatory time hours that an employee may accrue shall be set forth in the general orders or standard operating procedures of each department, but in no circumstance may an employee's maximum compensatory time accrual exceed the maximum accrual established by the FLSA. Employees exempt from the FLSA shall not earn compensatory time. 8.12 - Call Back Pa Compensation for employees called back to work on a regularly scheduled work day, or called in prior to the normal reporting time on a regularly scheduled work day, or called to work on a non- scheduled work day, shall be in accordance with departmental rules and regulations. Where such rules and regulations do not exist, the overtime provisions of these rules shall apply. 8.13 - Pay Periods - Pay Days The normal paydays shall be on a bi-weekly schedule with payday on the Thursday after completion of the pay period. Pay periods shall run from Monday through the second Sunday following. If an employee discovers a discrepancy or error of any kind in your paycheck, you must notify the Finance Director promptly so that the matter can be investigated and remedied if appropriate. Be assured that no retaliation will be taken or tolerated against any employee who reports a potential payroll discrepancy. 8.14 - Longevity Pay Eligible full-time employees, hired prior to May 1, 2013, may receive longevity pay beginning with the fifth (5th) anniversary of their original employment date. Longevity awards will be presented on the employee's anniversary date according to the following schedule. Time spent on an approved Leave of Absence (regardless of the reason) shall be deducted from an employee's longevity calculation. Longevity pay amounts are subject to normal payroll and other legally authorized deductions. Full-time employees hired on or after May 1, 2013 shall not be eligible for longevity pay. 35 Regular part-time employees who are subsequently appointed to full-time positions within the Village will receive credit, for longevity pay purposes, starting from when the employee was appointed as a regular part-time employee with the Village. Full-time employees who subsequently become regular part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy. Completed Years of Service Longevity Award 5 through 9 $400 10 through 14 $600 15 through 19 $800 20 or more $1000 Important Notes: 1. This benefit program (like all other benefit programs of the Village) is subject to revisions from time to time as determined by the Village Manager (or designee) due to business or financial reasons. If changes are deemed to be necessary, the affected employees will be notified. 2. Employees hired on or after May 1, 2013 are not eligible to earn longevity benefits based on current Village policy. If this policy changes, the affected employees will be notified. 36 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 9.00 PERFORMANCE EVALUATION Chapter 9.00 - Performance Evaluation Sections: 9.01 Responsibilities 9.02 Employee Performance Evaluations 9.01 - General Responsibilities A. The Village Manager (or designee) shall develop and maintain a performance evaluation program for the purposes of evaluating factors such as an individual's overall work performance, identifying training needs and employee development opportunities, and for improving the efficiency and productivity of the municipal service. Performance evaluation systems and procedures shall be published separately and subject to revision from time to time in accordance with the remaining provisions of this Manual. B. When appropriate, a Department Director or Supervisor may conduct or review an evaluation to help ensure the quality, consistency, and equity of the statements provided therein. C. No public disclosure of an employee's performance evaluation record shall be made without the permission of the employee and the Village Manager (or designee), except as required or permitted by law. Such record shall be made available upon request to the employee; to an appointing authority when needed in connection with a potential action for promotion, transfer, demotion, discipline or dismissal of the employee; or to other persons when required or permitted by a legal procedure or if requested by a government agency as part of a criminal investigation, grievance, or complaint procedure. D. Exceptions to the guidelines in this Chapter must be approved by the affected Department Head and Village Manager (or designee). 9.02 - Employee Performance Evaluations A. Probationary Employees. Originalppointees: Original appointees shall be evaluated generally upon the completion of twelve (12) months of consecutive service, and upon the completion of their probationary period. Original appointees must obtain an evaluation of "Meets Job Standards" or better to be considered for "regular" employee status. Failure to obtain such an evaluation shall result in dismissal or extension of the probationary period as provided in Chapter 6.00. An original appointee shall not be eligible for a merit pay increase until the completion of twelve (12) months of service, unless otherwise authorized by the Village Manager (or designee). 2. Promotional appointees: Promotional appointees generally shall be evaluated: A. As of the effective date of promotion; B. Upon the completion of six (6) months of service in the new position; C. Upon completing twelve (12) months of service in their new position; and D. Other times as deemed appropriate by the Department Director. The first evaluation shall be based on the employee's overall performance and contributions in the position held prior to promotion. Any merit pay increase for which the employee may qualify shall be prorated on the basis of one -twelfth (1/12) of the annual merit increase earned times each full month of service in the period of evaluation. Merit pay increases, if authorized, computed under this section shall be rounded upward to the nearest step, and shall be awarded prior to making those pay rate adjustments provided in Section 8.10(B). Failure of a promotional appointee to obtain an evaluation of "Meets Job Standards" or better upon the completion of either six (6) or twelve (12) months of service shall result in the demotion of the employee to a position in the class held prior to the promotional appointment (or termination if appropriate). The salary rate of any employee demoted under this section shall be reduced to the salary rate held prior to pay rate adjustments provided in Section 8.10(B). Demotion under this section shall not change the anniversary date resulting from promotion. Depending on all of the circumstances involved, dismissal in lieu of demotion may apply in some cases. B. Full -Time Employ: The performance of all full-time employees shall be periodically evaluated generally on an annual basis, using the systems and procedures authorized by the Village that are then in effect. C. Part -Time Employees: The performance of all part-time employees required to maintain regularly scheduled work hours shall be periodically evaluated generally on an annual basis using the systems and procedures authorized by the Village that are then in effect. D. Temporar_y/Seasonal Employ: Temporary/seasonal employees are not covered by the Village's formal performance evaluation program. However, the appointing authority will be permitted to conduct periodic counseling or performance reviews of a temporary/seasonal employee. E. Annual Evaluation Process The Village will conduct annual employee evaluations for all Village employees in May and June, or at such other time as may be warranted to meet the business needs of the Village. All employees will be evaluated. The management staff will use the evaluations to determine an employee's annual potential salary adjustment based on a merit schedule established by the Village Manager annually during budget preparations and consistent with this policy. Based on the results of the annual evaluation, the employee will receive a rating of 1("Unacceptable"), 2 ("Needs Improvement"), 3 ("Fully Meets Expectations"), 4 ("Exceeds Expectations"), or 5 ("Outstanding"). To ensure tested and consistent evaluation standards, staff will employ an evaluation system that will: 38 1. Track employees' performance throughout the year, culminating in the annual evaluation. 2. Track an employee's core competencies for their position. 3. Track progress against his/her annual goals and tasks. 4. Compare employees across the department, classifications, functional units and like positions to ensure a normal distribution of scores and fairness of evaluations administered by different supervisors. 5. Allow for multiple self -evaluations and check -ins throughout the year. Any employee receiving an overall evaluation score of under a three (3) will be placed on a formal Performance Improvement Plan. The Performance Improvement Plan will include a written statement prepared by the evaluator with the performance matters to be addressed by the employee and a specific period in which a Special Evaluation shall occur. Any employee receiving an Annual Evaluation or Special Evaluation deemed by the employee to be unacceptable, unfair or incomplete may appeal his/her evaluation score to the Director of Human Resources. The Director of Human Resources shall review the appeal, investigate the circumstances of the appeal and provide a recommendation to the Department Director and the Village Manager (or designee) that the evaluation score be 1) sustained, or 2) rejected, or 3) modified. Upon review of the findings of the Director of Human Resources, the Village Manager (designee) shall make a final determination upon the appeal and the Department Director shall provide the employee with a copy of the final determination. BUFFALO GROVE PERSONNEL MANUAL CHAPTER 10.00 HOURS OF WORK AND ATTENDANCE Chapter 10.00 - Hours of Work and Attendance Sections: 10.01 Hours of Work 10.02 Work Schedules 10.03 Attendance 10.01- Hours of Work Regular working hours for full-time employees shall be forty (40) hours of work in seven (7) consecutive days, from Monday through the Sunday following, except as noted below: A. Regular working hours for fire protection personnel covered by the Fair Labor Standards Act of 1938, as amended, shall be two hundred and twelve (212) hours in a twenty eight (28) day work period, unless otherwise established in a collective bargaining agreement. B. Regular working hours for law enforcement personnel covered by the Fair Labor Standards Act of 1938, as amended, shall be one hundred seventy one (171) hours in a twenty eight (28) day work period. C. With prior notice from a Supervisor, employees are permitted to take reasonable breaks or rest periods of five (5) minutes or less for use of the restroom or similar necessary personal reasons. Employees are not entitled to use or request paid time off for smoking 39 purposes or to otherwise engage in non -work related activities. Violations of this policy are grounds for disciplinary action, including dismissal if warranted. D. Employees shall receive a lunch break and two rest periods. The unpaid lunch break shall be no less than thirty (30) minutes and no longer than sixty (60) minutes. Lunch breaks must be taken beginning no later than five (5) hours after the start of the work period. E. Exceptions to the regular working hours will be made based on business need and other related circumstances. Nothing in this section is intended to create a guarantee or promise of work for any specific number of hours or workweeks in a year. 10.02 - Work Schedules Work schedules, including those of an emergency or on call nature, shall be determined by Department Directors for employees under their jurisdiction, subject to the approval of the Village Manager (or designee). Department Directors shall arrange work schedules to meet the needs of the municipal service, provided that all work schedules for full-time employees shall comply with the remaining provisions of this Chapter 10.00. 10.03 - Attendance Regular and punctual attendance at work shall be required of all employees. Employees who fail to observe attendance requirements and procedures for recording and reporting of attendance, including, failure to report to duty, tardiness and "early leaves," shall be subject to disciplinary action, up to and including dismissal. Exceptions to this section will be considered only as required for approved time off under the Family and Medical Leave Act and/or the state, federal and local laws applicable to employees with disabilities or handicaps. If employees are unable to come to work or will be more than seven (7) minutes late, they are required to directly contact their Supervisors, and if they are unable to reach their Supervisor, they should leave a message for him/her advising of their inability to come to work or that they will be late. If, because of illness, employees are unable to call personally, they may have a member of their family or a friend call on their behalf. If employees have any questions, their Supervisor will advise them concerning absence reporting. Please note that, although calling in an absence or tardy is required, doing so will not necessarily render the absence or tardy totally excused. Unauthorized, unreported or excessive absenteeism will result in disciplinary action, up to and including termination of employment. If employees must leave work early because of an illness or personal emergency, employees must make every reasonable effort to promptly advise their immediate Supervisor or if their immediate Supervisor is not available, the Supervisor at the succeeding level of authority in their department. Employees' notice must include a reasonable explanation for their absence or tardiness, and a statement as to when they expect to arrive at or return to work. Employees may be required to present a doctor's note or other documentation substantiating the length of and reasons for their absence or tardiness. .o The foregoing notice requirements apply to each day of absence or tardiness, including without limitation consecutive days. Failure to satisfy these requirements may result in loss of pay for the time in question and/or subject employees to disciplinary action, up to and including termination of employment. An unreported absence of three or more consecutive days is considered to be a voluntary resignation from the Village. This also applies to employees failing to return to work after an approved leave of absence. 41 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 11 Chanter 11.00 - Holidays Sections: 11.01 Holiday Observance 11.02 Holiday Compensation 11.01 - Holiday Observances A. The Village shall observe the following holidays annually: New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving Christmas Eve Day Christmas Day Floating Holiday HOLIDAYS B. When a holiday falls on a Saturday, the preceding Friday generally shall be observed. When a holiday falls on a Sunday, the following Monday generally shall be observed. If Christmas Eve is on a Saturday, employees generally will be given off Friday as well as Monday; if Christmas Eve falls on Sunday, employees generally will be given off Monday and Tuesday. C. One (1) floating holiday will be awarded each eligible full-time and regular part-time employee to utilize during each calendar year for religious holidays or observances that may not be celebrated by the Village. The floating holiday may be taken as one (1) full day off or two (2) half days off. The floating holiday is non -cumulative and must be observed during the calendar year in which it is awarded. Employees must complete six (6) months of service before being entitled to a floating holiday. Scheduling of the floating holiday shall be at the employee's discretion, subject to approval of the Department Director. Fire department employees governed by a collective bargaining agreement will follow terms and conditions set forth within the collective bargaining agreement. D. Other holidays may be designated at the discretion of the Village Manager (or designee). E. Department Directors may approve additional unpaid time off if such additional time off does not present an undue hardship to the Village. For example, we reasonably accommodate our employees who need time off for religious purposes which are not observed by the Village where an employee makes arrangements in advance. 42 G.. Columbus Day shall be formalized as an in-service day in the Village. Please note that except for any prescheduled/preapproved days off, staff is expected to attend one of training sessions and your employees are expected to work their "normal" schedule, as Columbus Day is not a Village Holiday. 11.02 - Holiday Compensation A. Full-time and Regular Part-time Employees: All full-time employees and regular part- time employees who are required to maintain regularly scheduled hours shall receive their normal compensation for time off work on Village observed holidays if the employee normally would be scheduled to work on the holiday. If a regular employee is required to work on a holiday, he/she shall be compensated according to the overtime provisions of this manual, in addition to receiving holiday time off for Village observed holidays. B. Temporary/Seasonal Employees: Temporary/seasonal employees shall receive time off without pay for Village observed holidays. If a temporary/seasonal employee is required to work on a Village observed holiday, he/she shall be compensated for hours actually worked at his/her normal rate of pay for such hours as the employee who normally have been scheduled to work on that day. C. Fire and Police: Holiday compensation for fire and police personnel assigned to shift duty shall be in accordance with rules and regulations of the respective departments and such rules and regulations will supersede the statements contained in this Chapter in the event of a conflict. 43 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 12.00 Chapter 12.00 - Vacation Leave Sections: 12.01 Amount 12.02 Accrual 12.03 Scheduling 12.04 Payment on Separation 12.05 Holidays Occurring During Vacation Period 12.06 Vacation Leave for Part-time Employees 12.07 Compensation in Lieu of Vacation Leave 12.01- Amount VACATION LEAVE A. Each full-time employee shall receive vacation leave credit (accrued on a pro rata basis) according to the following schedule: First (1st) partial year and first (1st) full calendar year of service: After 1 month 1.0 day After 2 months 2.0 days After 3 months 2.5 days After 4 months 3.5 days After 5 months 4.5 days After 6 months 5.0 days After 7 months 6.0 days After 8 months 7.0 days After 9 months 7.5 days After 10 months 8.5 days After 11 months 9.5 days After 12 months 10.0 days 2nd full calendar year of service: 11.0 days 3rd full calendar year of service: 12.0 days 4th full calendar year of service: 13.0 days 5th full calendar year of service: 14.0 days 6th 1 Oth full calendar years of service: 15.0 days 111h-14th full calendar years of service: 17.0 days 15th-19th full calendar years of service: 20.0 days 20th-- 22nd full calendar years of service: 22.0 days 23`d full calendar years of service: 23.0 days 24`h full calendar years of service: 24.0 days 25th (and after) full calendar years of service: 25.0 days B. Sworn fire personnel assigned to shift duty and not otherwise established by a collective bargaining agreement shall receive vacation leave credit according to the following schedule: 44 First (1st) partial year and First (1st) full calendar year of completed service: After 2 months 1 shift After 4 months 2 shifts After 6 months 3 shifts After 9 months 4 shifts After 12 months 5 shifts 2nd full calendar year of service: 6 shifts 3rd full calendar year of service: 6 shifts 4th full calendar year of service: 7 shifts 5th full calendar year of service: 7 shifts 6th-IOth full calendar years of service: 8 shifts 1 Ith-14th full calendar years of service: 9 shifts 15th-19th full calendar years of service: 10 shifts 201h-24th full calendar years of service: 11 shifts 25th (and after) full calendar years of service: 12 shifts C. Additional Leave granted in the form of personal days for positions required to attend regular night meetings. The following positions shall be awarded five (5) additional personal days (40 hours) which cannot be carried over from year, used for vacation buy back purposes or paid out upon separation: Deputy Village Manager Department Directors Village Engineer Principal Planner Head Golf Professional - Buffalo Grove and Arboretum D. The following positions shall be awarded three (3) additional personal days (24 hours) which cannot be carried over from year, used for vacation buy back purposes or paid out upon separation: Deputy Department Directors Purchasing Manager Assistant to the Village Manager Building Commissioner Maintenance Superintendent Utility Superintendent All incumbent employees as of the date of adoption shall have the number of personal days as indicated in the 2013 Personnel Manual. Any employee hired or promoted after adoption will be subject to the policy above. 12.02 - Accrual Eligible employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second calendar year of service and shall be prorated based upon the number of full months worked by the employee. Employees must complete six (6) months of service before being 45 entitled to take vacation leave, unless otherwise approved by the Village Manager (or designee) and provided a loan agreement/vacation advance agreement is entered into with the employee concerning the repayment of the time once earned. A maximum equal to of forty hours (40) will be considered for approval by the Department Head or Village Manager. All carry-over hours must be used prior to the end of the calendar year. Carry-over balances beyond these designated "caps" not used prior to the end of the calendar year shall be forfeited. Employees may only be compensated for vacation leave earned but not taken as provided in Sections 12.04 and 12.07. This policy shall apply to all employees of the Village regardless of their date of hire. Vacation leave shall not be accrued or earned while on leave of absence without pay. 12.03 - Schedulin Vacation leave schedules shall be approved by Department or Division Directors or their designee consistent with Village business needs. Seniority of employees shall be one relevant factor in considering vacation requests. Accrued vacation time may be used for the purpose of sick leave only in the event that an employee has exhausted all accrued sick time. All time off that qualifies under this Chapter and the FMLA will run concurrently. 12.04 - Payment on Separation If an employee resigns or is terminated from employment with the Village and the employee has accrued vacation time, the employee shall be compensated for vacation leave earned and unused through the date of termination or resignation. If an employee was hired by the Village prior to January 1, 2012, and retires from Village employment, the employee shall be compensated for vacation leave earned and unused through the date of retirement. If an employee was hired by the Village on or after January 1, 2012, and retires from Village employment, the employee is not eligible for a "cash -out" of accrued vacation time upon retirement from Village employment. An employee hired by the Village on or after January 1, 2012 shall be required to and shall have the right to exhaust all vacation leave prior to retirement. Annual vacation leave entitlements at time of separation or resignation shall be prorated based on the number of full months worked by the employee in the current calendar year. Vacation leave taken in excess of that earned will be deducted from the employee's final paycheck, subject to the provisions of the Illinois Wage Payment and Collection Act. In the event of separation due to death of the employee, compensation normally will be made to the employee's beneficiary or estate as provided by law. 12.05 - Holidays Occurring During Vacation Period Any official holiday (which is observed by the Village) as set forth in these rules which may occur during an employee's scheduled vacation period, shall not be counted as a day of vacation. 46 12.06 - Vacation Leave for Part -Time Employees Regular part-time employees who are required to maintain regularly scheduled hours of work shall earn annual vacation leave based on the following schedule. Temporary and seasonal employees are not eligible for vacation leave under the terms of this program. 1 st - 5th full calendar year of service = 1 week of vacation. (i.e., 5 work days) 6th - 10th full calendar year of service = 1 week and 2 days of vacation. 11 th - 14th full calendar year of service = 1 week and 3 days of vacation. 15+ full calendar year of service = 1 week and 4 days of vacation. For the purpose of administering this policy, a week is based on an amount equal to the average number of budgeted hours worked by the employee in a week. A day is based on an amount equal to the average number of budgeted hours worked by the employee in a day. Example: A regular part-time employee with sixteen (16) full calendar years of service who is scheduled to work three (3) eight (8) hour days per week (twenty-four (24) hours), will receive one (1) week (twenty-four (24) hours) and four (4) days (nineteen (19) hours) of vacation, for a total of forty-three (43) hours of vacation a year which can be taken during the calendar year. Regular part-time employees who are subsequently appointed to full-time positions within the Village will receive vacation leave credit according to the schedule outlined in Section 12.01(A). Calendar years of service are calculated starting from when the employee was appointed as a regular part-time employee with the Village. Employees who retire from full-time employment with the Village and subsequently become regular part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy, as previously illustrated in this section. 12.07 - Compensation in Lieu of Vacation Leave Based on the availability of funds and at the sole discretion of the Village Manager (or designee), Full-time employees, hired prior to January 1, 2012, may be eligible to receive, as an option, compensation in lieu of earned vacation leave based upon the following parameters: • Full-time employees eligible will be those with fifteen (15) or more full calendar years of service and would therefore earn twenty (20) or more days of vacation leave. • The maximum amount of vacation leave that could be converted into compensation would be equal to fifty percent (50%) of the earned vacation leave based upon years of service as noted in Section 12.01, Amount. • Compensation paid would be at the regular employee's hourly rate of pay at time of conversion. • In order to qualify, vacation leave must have been taken during the calendar year. The amount of vacation leave that can be converted will be equal to the amount of vacation leave taken. 47 Example: If a full-time employee is eligible for twenty (20) days of vacation leave but only takes six (6) days leave in the calendar year, the employee will only be able to convert six (6) days of unused vacation. Conversion of vacation leave will be in lieu of the ability to carryover vacation except for any balance unused after conversion. Example: In above example, employee was eligible for twenty (20) days of vacation leave, took six (6) days and converted six (6) days. With the permission of his department/division direction, employee may only carryover eight (8) days into next year. •If an employee elects to carryover any unused vacation into the next calendar year that election cannot be reversed so as to convert the time back to compensation in future years. Example: In that the program is optional, an employee may elect to, with Village Manager or designee approval, carryover forty (40) hours of unused vacation into the next calendar year as permitted in Section 12.02, Accrual. If an employee with twenty (20) days' vacation leave takes ten (10) days and opts to carryover ten (10) days, that decision is irrevocable; the employee cannot then decide to convert the unused time back into paid compensation. If the time is not used, it will be lost. *Conversion of vacation leave will only be for current year credit. Conversion will not be allowed for any unused prior year carryover vacation leave. Employees covered by a collective bargaining agreement should consult that document for vacation benefits as this Policy is inapplicable to those employees. Note: Like all benefit programs, this policy is subject to revision from time to time to meet our business demands and the needs of our residents. 48 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 13.00 SICK LEAVE Chapter 13.00 - Sick Leave Sections: 13.01 Amount 13.02 When Taken 13.03 Accrued Sick Leave 13.04 Medical Certificate 13.05 Temporary Light Duty 13.06 Family and Medical Leave of Absence ("FMLA") Employees governed by a collective bargaining agreement shall follow the terms and conditions set forth within the collective bargaining agreement in lieu of this Policy. 13.01- Amount Each eligible full-time employee in the municipal service shall earn up to ten (10) days of sick leave with pay credit during each calendar year. Sworn fire personnel assigned to shift duty shall earn up to five (5) shifts of sick leave with pay credit during each calendar year. In the first calendar year of employment, full-time employees shall accrue sick leave at the rate of five sixths (5/6) of a day for each full month of employment. Sworn fire personnel assigned to shift duty shall accrue sick leave according to the following schedule: after two (2) months of service, one (1) shift; after four (4) months, two (2) shifts; after six (6) months, three (3) shifts; after nine (9) months, four (4) shifts; after twelve (12) months, five (5) shifts up to a maximum of five (5) shifts per year. Sick leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second (2nd) calendar year of employment. Sick leave shall not be accrued or earned while on leave of absence without pay (regardless of the reason). 13.02 - When Taken Sick leave with pay will be granted for absence from duty because of actual non -work related personal illness, birth of the employee's child, disability, bodily injury or disease, exposure to contagious disease, to care for an ill or injured member of the employee's family when the employee's presence is required, or to keep a doctor's or dentist's appointment, which cannot be scheduled outside of the employee's working hours. Additional conditions and further discussion about the use of sick leave can be found in Section 13.06 of this Manual under the Village's Family and Medical Leave policy. Sick leave shall not be granted in cases where regular or disability retirement has been approved, or for absence due to injuries resulting from employment in a position other than that held in the municipal service. Employees injured or sustaining a serious health condition in the course of other employment may be eligible for leave of absence without pay. Any time off under this policy that also is governed by Section 13.06 shall run concurrently. . • When an employee finds it necessary to be absent for any of the reasons specified herein, he/she shall report the facts to his/her Supervisor. An employee whose work requires a substitute for a particular shift assignment is required to give such notification at least one (1) full hour in advance of his/her scheduled starting time. All other employees shall notify their Supervisor within at least thirty (30) minutes prior to their scheduled work day or duty tour. Exceptions only if approved by the FMLA or as an approved accommodation under the ADA for disabled employees. An employee is responsible for making a daily report thereafter for the duration of the illness, injury, or disability, except as provided otherwise under the Village's Family and Medical Leave Act ("FMLA") policy. A medical certificate may be required by the Department Director for any absence and upon return to work. Additionally, the Village reserves the right to seek a second opinion at the Village's expense to determine whether there is a medical need for the employee to be away from work. Unless prohibited by law, an employee's failure to comply with the provisions of this chapter and/or any misrepresentation or omission relative to the use of sick leave shall result in a denial of sick leave and may result in disciplinary action up to and including dismissal (no matter when discovered). Three (3) consecutive days absence without notice or approval may result in dismissal, as permitted by law. 13.03 - Accrued Sick Leave Regular employees may accrue sick leave up to a maximum "cap" of two thousand eighty (2,080) hours. Sworn fire personnel assigned to shift duty may accumulate sick leave to a maximum "cap" of one hundred thirty (130) shifts. Retiring employees are eligible to participate in an employer sponsored Retiree Health Savings ("RHS") Plan in accordance with the terms and eligibility requirements of the RHS Plan. Eligible employees may apply their accrued sick leave based on the following table: Years of Service and Age at Retirement Percent of 2, 080 Hours 20 years of service and 41years of age at retirement 27.5% 20 years of service and 42 years of age at retirement 30.0% 20 years of service and 43 years of age at retirement 32.5% 20 years of service and 44 years of age at retirement 35.0% 20 years of service and 45 years of age at retirement 37.5% 20 years of service and 46 years of age at retirement 40.0% 20 years of service and 47 years of age at retirement 42.5% 20 years of service and 48 years of age at retirement 45.0% 20 years of service and 49 years of age at retirement 47.5% 20 years of service and 50-54 years of age at retirement 50.0% 21 years of service and 50-54 years of age at 55.0% 50 retirement 22 years of service and 50-54 years of age at 60.0% retirement 23 years of service and 50-54 years of age at 65.0% retirement 24 years of service and 50-54 years of age at 70.0% retirement 25 years of service and 50-54 years of age at 75.0% retirement 26 years of service and 50-54 years of age at 80.0% retirement 27 years of service and 50-54 years of age at 85.0% retirement 28 years of service and 50-54 years of age at 90.0% retirement 29 years of service and 50-54 years of age at 95.0% retirement 30 years of service or 55+ years of age at retirement 100.0% The RHS Plan will be administered by the ICMA Retirement Corporation and will allow employees to accumulate assets in order to pay medical and other eligible expenses in retirement. The legal basis for an RHS Plan is currently based on Private Letter Rulings issued by the Internal Revenue Service which allow employers such as the Village to establish such plans. The provisions of this Plan will be governed by documents executed by both the Village and ICMA Retirement Corporation. The documents collectively comprise the VantageCare Retiree Health Savings Plan. By Internal Revenue Service Code, the Village has established separate Plans for the members of the Fire Union and for all other full-time Village employees. At a minimum, the Village will apply the value of accrued sick leave (Deposit Value) into an employee's RHS Plan account at retirement. Employees must apply the entire value of accrued sick leave to their Plan account based on the following formula: Deposit Value= Number of sick leave hours (shifts) x hourly dollar value. The dollar value shall be equal to the lowest hourly rate (which includes Performance Bonus) paid to all Village employees eligible to participate in the Plan as of January 1 st for the calendar year in which the employee retires. The hourly rate will be applicable only for the year so calculated. The hourly rate value shall be disclosed to all Village employees after it is calculated for the current year. On an annual basis (January 1 through December 31), employees will be able to convert up to two (2) eight (8) hour days of unused sick time for deposit into their Plan account; providing that they have completed the last calendar year of work without using any sick leave. On an annual basis, employees will be able to convert up to one (1) eight (8) hour day of unused sick time for deposit into their Plan account; providing that they have completed the last calendar year of work without using more than one (1) eight (8) hour day of sick leave. 51 Days converted for deposit into the Plan account are subtracted from the employee's accrued sick leave balance. Conversion of the unused sick day shall not be into vacation leave or paid directly to the employee. The value of the conversion shall be equal to the employee's daily wage and not limited to the wage assigned to the retirement funding value calculated above. Employees who leave the employment with the Village due to disability or death will receive the value of their accrued sick leave under this plan as part of the RHS benefit. The RHS Plan and the applicable details are subject to review and potential for change on an annual basis. In all cases, the terms of the then -applicable Plan documents will govern this benefit program in the event of a conflict with the provisions of this Manual. • Note: Like all benefit programs, this policy is subject to revision from time to time to meet our business demands and the needs of our residents. 13.04 - Medical Certificate A medical certificate when required by a Department Director or Division Director shall consist of a written statement by a qualified physician indicating (if requested and consistent with job requirements): A. The employee has been examined by the physician during the period of absence; B. The symptoms observed or measured by the physician; C. The stated diagnosis and medication and/or treatment prescribed; D. The dates on which the employee is expected to be physically incapacitated from work; and E. Any requests for a reasonable accommodation that may be available to assist the employee in returning to work (if applicable). 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 and provided the Village has a business need for the work to be performed at the time. 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. 52 13.06 - Family and Medical Leave of Absence "FMLA" Policy Employees that have been employed by the Village of Buffalo Grove ("Village") for at least twelve (12) months (with no break in service of seven (7) or more years except if related to USERRA covered military obligations) and have worked at least 1,250 hours during the 12-month period preceding the start of the leave (which includes all periods of absence from work due to or necessitated by USERRA-covered service), are eligible for up to a total of twelve (12) workweeks of unpaid leave during any rolling twelve (12) month period for one or more of the following reasons: a.Because of the birth of the employees child and in order to care for such child (within twelve (12) months after the birth of the child); b. Because of the placement of a child with the employee for adoption or foster care (within twelve (12) months of the placement of the child); C. In order to care for the employees spouse, child, or parents if they have a "serious health condition;" d. Because of a "serious health condition" that makes the employee unable to perform the functions of their job; or e. Because of any "qualifying exigency" (as defined by the Secretary of Labor) arising out of the fact that the employees spouse, child, or parent is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces, National Guard or Reserves in support of a contingency operation. 2. Serious Health Condition. For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: a. Hospital Care. Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity relating to the same condition; b. Absence Plus Treatment. A period of incapacity of more than three full consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves either: (1) treatment two (2) or more times (within that same period of incapacity and provided the first visit takes place within seven (7) days of the first day of incapacity) by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or (2) treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of the health care provider (first visit to health care provider must take place within seven (7) days of the first day of incapacity); 53 C. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care; d. Chronic Conditions Requiring, Treatment. A chronic condition which: requires at least two (2) periodic visits for treatment per year by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; which condition continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity; e. Permanent/Long-term Conditions Requiring Supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; £ Multiple Treatments non -chronic conditions). Any period of incapacity to receive multiple treatment (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) full consecutive calendar days in the absence of medical intervention or treatment. Qualifying Exigency Leave. An eligible employee (as defined above), is entitled to take up to twelve (12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a military member is on covered active duty or called to covered active duty status. The leave described in this paragraph is available during a single twelve (12)- month rolling period, and may be taken on an intermittent or reduced leave schedule basis. Employees will be required to provide a copy of the military member's active duty orders or other documentation issued by the military that indicates that the military member is on covered active duty or call to covered active duty status in support of a contingency operation and the dates of the military member's covered active duty service. Employees may take all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for a serious health condition (as defined above). With respect to a Qualifying Exigency Leave: a. A "military member" means the employees spouse, son, daughter, son, or parent who is on covered active duty or called to covered active duty status. b. A "qualifying exigency" includes the following broad categories: (a) short notice deployment; (b) military events and related activities; (c) childcare and school activities; (d) parental care; (e) financial and legal 54 arrangements; (f) counseling; (g) rest and recuperation; (h) post deployment activities, including reintegration activities, for a period of ninety (90) days following the termination of active duty status; and, (i) additional categories that are agreed to by the employer and employee within this phrase. C. The phrase "son or daughter" is defined as the employees biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is on active duty or called to active duty status who is of any age. (Note: This definition is different from other sections of this FMLA policy). If the exigency leave is to arrange for childcare or school activities of a military member's child, the military member must be the spouse, son, daughter or parent of the employee requesting the leave. d. A "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when he/she was a son or daughter but it does not included "parents in law". e. Parental care — eligible employees may take leave to care for a military member's parent who is incapable of self -care when the care is necessitated by the military member's covered active duty. Such care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility. f. Rest and Recuperation — eligible employees may take up to fifteen days to spend time with a military member on Rest and Recuperation leave, limited to the actual leave time granted to the military member and supported by the Rest and Recuperation leave orders or other appropriate documentation issued by the military setting forth the dates of the leave. 4. Military Caregiver Leave. Employees that have been employed by the Village for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period preceding the start of the leave, and are a spouse, child (of any age for military caregiver leave), parent or next of kin of a Covered Service member, as defined below, are entitled to a total of twenty-six (26) workweeks of unpaid leave during a rolling twelve (12)-month period to care for the Covered Service member. The leave described in this paragraph shall only be available during a single twelve (12)-month period beginning as of the date the leave commences and ending twelve (12) months after that date (and any unused amounts are forfeited). Military Caregiver Leave may be permitted more than once if necessary to care for a different Covered Service member (or the same Service member with multiple injuries or illnesses) up to a combined total of twenty six (26) workweeks in a rolling twelve (12) month period. Nothing in this paragraph shall be construed to limit the availability of leave under paragraphs 1 a. through 1 e. during any other 12-month period and this twenty six (26) week period of Military Caregiver Leave is in addition to other types of approved 55 FMLA leave. However, an employee's total available leave time in any rolling twelve (12)-month period may not exceed a combined total of twenty-six (26) workweeks (including FMLA time off taken for any other reason). Employees will be required to timely submit the completed paperwork provided to them and available from the Village's Human Resources Director as a condition of receiving approved Military Caregiver Leave. With respect to Military Caregiver FMLA Leave: a. A "Covered Service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy from an injury or illness occurring in the line of covered active duty and/or during covered active duty, who is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, and who was discharged or released under conditions other than dishonorable! b. "Outpatient status" means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. C. "Next of kin" means the nearest blood relative of that individual (regardless of age). An employee is required to provide confirmation of the relationship upon request. The Service member may designate the blood relative who is considered his/her next of kin; otherwise, the following order generally will apply: blood relatives granted custody by law, brother/sister, grandparents, aunts/uncles, and then first cousins. d. "Serious injury or illness" for a Current Servicemember means an injury or illness incurred by the Service member in the line of duty on active duty in the Armed Forces that may render the Service member medically unfit to perform the duties of the member's office, grade, rank or rating. e. "Serious injury or illness" for a Covered Veteran means an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is: (1) A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember's office, grade, rank, or rating; OR (2) A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of fifty percent (50%) or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; OR The time period between October 28, 2009 and March 8, 2013, is not counted in determining the five year period preceding a covered veteran's treatment, etc. 56 (3) A physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; OR (4) An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. 5. Spouses Employed by the Village. If an employee's spouse also works for the Village and both become eligible for a leave under paragraphs la. or lb. above, or for the care of a sick parent under paragraph 1 c. above, the two employees together will be limited to a combined total of twelve (12) workweeks of leave in any rolling twelve (12)-month period. In addition, if an employee and their spouse both become eligible for a leave under the Service member Family Leave provision above or under a combination of the Service member Family Leave provision and paragraphs la. through le. above, the two employees together will be limited to a combined total of twenty-six (26) workweeks of leave in any rolling twelve (12)-month period, but if the leave taken by the employee and their spouse includes leave described in paragraphs 1 a. through 1 e. above, that leave shall be limited to a combined total of twelve (12) workweeks of leave in any rolling twelve (12)-month period. 6. Medical Certification. Any request for a leave under paragraphs 1 c., Id. or under the Service member Family Leave provision above must be supported by certification issued by the applicable health care provider. Employees are required to submit this information on the forms provided to them and available from the Director of Human Resources. Employees will be required to submit a new medical certification form for each leave year for a medical condition(s) that last longer than one year. Additionally, employees are required to submit a recertification of an ongoing condition every six (6) months in connection with an absence where the duration of the condition is described as "lifetime" or "unknown". At its discretion, the Village may require a second medical opinion and periodic recertification to support the continuation of a leave. If the 1 st and 2nd opinions differ, a 3rd opinion can be obtained from a health care provider jointly approved by both the employee and the Village (unless the employee accepts the second opinion as determinative). A second medical opinion generally will not be requested for Military Caregiver Leave, but may be requested if the Certification is completed by a health care provider who is not affiliated with the DOD, VA OR TRICARE. 7. Intermittent Leave. If certified as medically necessary for the serious health condition of either the employee or their spouse, child or parent (Paragraphs lc and ld, above), or to care for a Covered Service member if they are a spouse, child, parent or next of kin to the Covered Service member (Paragraph 3, above), leave may be taken on an intermittent or reduced leave schedule. Intermittent leave also may be taken if employees qualify for leave because of a qualifying exigency as described in Paragraph le, above, subject to the submission of a certification prescribed by the Secretary of Labor. If leave is requested on an intermittent basis, however, the Village may require that the employee transfer 57 temporarily to an alternative position which better accommodates recurring periods of absence or to a part-time schedule, provided that the position offers equivalent pay and benefits. 8. Liat Duty Work Assignments. While voluntarily performing in a light duty capacity while on FMLA leave, that time does not count against an employee's twelve (12) week FMLA allotment. In effect, an employee's right to restoration is held in abeyance during the period of time that they are performing in a light duty capacity (or until the end of the applicable twelve (12) month FMLA leave year if longer). 9. Notification and Reporting Requirements. All requests for leaves of absence must be submitted to an employee's Supervisor or the Director of Human Resources at least thirty (30) days in advance of the start of the leave, except when the leave is due to an emergency or is otherwise not foreseeable. If the leave is not foreseeable, the employee must provide notice as soon as "practicable," which generally means either the same day or the next business day that an employee learns of the need for leave, in the absence of any unusual circumstances. A delay in submitting an FMLA leave request may result in a loss of FMLA protections and/or a delay of the start of the leave. The employee's Supervisor will forward the request to the Director of Human Resources for approval. An employee must respond to the Village's questions relative to their leave request so that the Village can determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections. If an employee is seeking leave due to an FMLA-qualifying reason for which the Village has previously granted them FMLA- protected leave, the employee must specifically reference the qualifying reason or need for FMLA leave at the time of their request to be away from work. It is not sufficient for an employee to simply "call in sick" without providing additional information which would reasonable cause the Village to believe that their absence/time away from work may qualify as an FMLA qualifying event. In all cases in which an employee is seeking leave under this policy, they shall provide such notice to the Village consistent with the Village's established call -in procedures so long as no unusual circumstances prevent them from doing so. Failure to comply with the call -in procedures may result in a delay or denial of FMLA protected leave. An employee must make an effort to schedule a leave so as not to disrupt business operations. During the leave, an employee may be required to report periodically on their status and their intention to return to work. Any extension of time for an employee's leave of absence must be requested in writing prior to their scheduled date of return to work, together with written documentation to support the extension. An employee's failure to either return to work on the scheduled date of return or to apply in writing for an extension prior to that date will be considered to be a resignation of employment effective as of the last date of the approved leave. Employees on leaves for their own serious health condition must provide fitness -for -duty releases from their health care provider before they will be permitted to return to work. An employee's maximum time on a leave of absence, all types combined, and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling twelve month period, unless the employee is a spouse, child, parent, or next of kin on leave to care for a Covered Service member, in 58 which case the leave may last for up to twenty-six (26) workweeks in a rolling twelve (12) month period. An Employee shall not be granted a leave of absence for the purpose of seeking or taking employment elsewhere or operating a private business. Unauthorized work while on a leave of absence will result in disciplinary action, up to and including discharge. A leave of absence will not affect the continuity of an employee's employment. An employee's original date of employment remains the same for seniority purposes. However, the employee may not accrue any benefits during the period that they are on a leave. 10. Employee Benefits During Family and Medical Leave of Absence. Employees will be permitted to maintain health and dental insurance coverage for the duration of the leave under the same conditions coverage would have been provided if they had remained actively at work. However, the employee must make arrangements for the continuation of and payment of insurance premiums before they go on leave status. If an employee does not return to work after the leave, or if they fail to pay their portion of the premiums, they will be required, under certain circumstances, to reimburse the Village for the costs and expenses associated with insuring them during the leave. 11. Return From a Family and Medical Leave. If an employee returns from leave on or before being absent for twelve (12) workweeks in a rolling twelve (12) month period or twenty-six (26) workweeks if they took a leave under the Service member Family Leave provision, they will be restored to the same or to an equivalent position to the one they held when the leave started. Of course, employees have no greater right to reinstatement or to other benefits and conditions of employment than if they had been continuously employed during the FMLA leave period. In determining whether a position is "equivalent" the Village will look at whether the position had substantially similar terms and conditions of employment and whether the position entails similar duties, skills, efforts, responsibilities, authority, privileges and status. The alternative position should be at the same worksite or a nearby worksite with a similar work schedule. However, the employee does not need to be reinstated in a position with the same job title or in the same physical office or cubicle as the prior position. If the leave was due to an employee's own serious health condition, they will be required to submit a fitness -for -duty certification from their health care provider in accordance with the Village's normal policies and practices applicable to other leaves of absence, certifying that the employee is able to resume work and perform the essential functions of the job (either with or without a reasonable accommodation). A list of the essential job functions will be made available to the employee for compliance with this requirement. If a reasonable job safety concern exists, the employee may also be required to provide a fitness for duty certification up to once every thirty (30) days before returning from an intermittent or reduced schedule FMLA leave related to the employees own serious health condition. Generally, a returning employee will be permitted to return to work within two (2) business days of the Village's receipt of a valid fitness for duty release. 6M If an employee fails to return to work at the expiration of their approved Family and Medical Leave, it will be considered to be a resignation of their employment with the Village. Likewise, an employee on FMLA leave who provides notice of their intent not to return to work upon expiration of a leave will lose their entitlement to FMLA leave and related benefits. 12. Key Employees. Certain highly compensated key employees may be denied reinstatement when necessary to prevent "substantial and grievous economic injury" to the Village's operations. A "key" employee is a salaried Employee who is among the highest paid ten percent (10%) of Employees of the Village. Employees will be notified of their status as a key employee, when applicable, after they request a Family and Medical Leave. 13. Coordination with Other Policies. An employee must substitute any accrued paid vacation days, personal time, and sick days (if they otherwise qualify) for unpaid leave under this policy, and any such paid time off must be taken concurrently with the employees Family and Medical Leave. If an employee otherwise qualifies for disability pay, they will collect it at the same time that they are on unpaid Family and Medical Leave. The Village and employee MAY agree, where state law permits, to supplement the disability plan benefits with paid leave. For example: where a disability pay plan only provides for a portion of the income replacement, the remaining unpaid portion of the leave may be charged against any earned time off benefits of the employee. Further, if an employee otherwise qualifies for any other type of leave of absence, they must take that leave at the same time as they are taking their Family and Medical Leave. All time missed from work that qualifies for both Family and Medical Leave, and for workers' compensation, will be counted toward the employees Family and Medical Leave. To receive any type of paid time off benefit while on FMLA leave, an employee is required to meet the Village's conditions for taking the paid leave (although the Village may in its discretion waive any procedural requirement for the paid leave in appropriate circumstances). 14. As used in this Policy, the word "spouse" includes those employees who are in a Civil Union recognized by Illinois law. 14. Anti -Retaliation Provisions. No retaliation will be taken or tolerated against any employee who exercises his/her rights under the Village's FMLA policy. If an employee feels that they have been the victim of any discrimination or retaliation under this Policy, they are encouraged to contact the Village's Director of Human Resources at (847) 459- 2549 so that the matter can be promptly investigated and remedied as appropriate. G11] BUFFALO GROVE PERSONNEL MANUAL CHAPTER 14.00 SPECIAL LEAVE Chapter 14.00 - Special Leave Sections: 14.01 Approval Authority 14.02 Bereavement Leave 14.03 Child Bereavement Leave 14.04 VESSA Leave 14.05 School Visitation Leave 14.06 Court Leave 14.07 Voting Leave 14.08 Military Leave 14.09 Nursing Mothers in the Workplace 14.10 Military Training Leave of Absence 14.11 Family Military Leave of Absence 14.12 Leave of Absence Without Pay 14.13 Occupational Injury Leave 14.14 Absence Without Leave 14.01 - Annroval Authori A Department Director may approve requests for special leave as defined hereinafter in accordance with procedures established by the Village Manager (or designee). Unless otherwise provided in this Chapter, employees with six (6) months or less of service generally may apply for special leave without pay. Employees with more than six (6) months of service may apply for special leave with pay. Exceptions will be considered only on a case -by -case basis for employees with disabilities. 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 (or designee) may approve leave in case of death of others not covered by the definition of "immediate family" on a paid basis. For purposes of this policy, the phrase "immediate family" is defined at Section 2.39 above. 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 - Child Bereavement Leave If an employee is eligible for leave under the Family and Medical Leave Act ("FMLA") and suffers the death of a child, in addition to the three (3) paid days of bereavement leave, the employee will be eligible to take an additional seven (7) days of unpaid bereavement time 61 following the death of the employee's child to: (1) attend the funeral or alternative to a funeral of a child; (2) make arrangements necessitated by the death of the child; or (3) grieve the death of a child. Employees may be entitled to up to 6 weeks of bereavement time in the event of the death of more than one child during a twelve-month period. Child Bereavement Leave may not be taken in addition to unpaid leave permitted under the FMLA, and may not exceed unpaid leave time allowed under the FMLA. Employees taking unpaid leave due to the death of a child are permitted to take any accrued paid leave concurrently, but will not be required to do so. 14.04 - VESSA Leave Under the Illinois Victims' Economic Security and Safety Act (VESSA), employees may take up to a total of 12 workweeks of unpaid leave from work during any rolling 12 month period in order to address matters involving domestic or sexual violence as provided for under Illinois law. Eli ibili Generally, to be eligible for VESSA leave, employees must either be a victim of domestic or sexual violence (as defined in the law) or a family or household member of such a victim. Leave may be taken for the following reasons: *To seek medical attention or treatment; •To seek psychological or other counseling; *To obtain victim services; •To participate in safety planning or relocation for safety reasons; *To seek legal assistance; and/or *To participate in a related court proceeding. Leave Time If employees need to take a leave of absence under VESSA or require a reasonable accommodation, they should speak with their Supervisor so that the Village can discuss the employee's request and how the Village can best schedule the employee's work. If employees are applying for VESSA leave for a condition that also qualifies for FMLA leave, the leave time will also count as FMLA leave and will run concurrently with FMLA leave. If employees are entitled to take paid or unpaid leave other than FMLA leave, they may choose to use any period of that paid or unpaid leave while taking VESSA leave, but will not be required to do so. VESSA leave may be taken intermittently or on a reduced work schedule. Notice Required Employees must provide their Supervisor with advance notice (at least 48 hours) of their intention to take VESSA leave if they have advance notice of the need for the time off. If such notice is not possible, employees must notify management as soon as is practicable. 62 Certification Reauired If employees are eligible for VESSA leave and seek to use it, they must provide their Supervisor with certification (a sworn statement) that: (a) states that the employee or their family member is a victim of domestic or sexual violence; and, (b) includes the employee's reason(s) for taking the leave. In addition to the sworn statement, employees also must provide corroborating information to support the need for their leave, such as documentation prepared by a victim services organization, attorney, clergy member, medical or other professionals who provided assistance to the victim; police or court records; or other corroborating evidence. The supporting documentation may be submitted as it becomes available. Certification must be provided within a reasonable time (generally no later than 18 days) following the request by a supervisor, manager or Human Resources representative. In addition, while on leave, employees may be required to report periodically on their status and intention to return to work. Employment and Benefits Time off that is approved under this policy is unpaid, and the time spent on VESSA leave will not be considered or counted as "time worked" for the purposes of accruing or earning employment benefits. However, employees will be permitted to maintain health insurance coverage for the duration of the leave under the same conditions coverage would have been provided had they remained actively at work. If employees fail to return from VESSA leave, for reasons other than the continuation or recurrence of domestic or sexual violence (or other circumstances beyond your control), they are required to repay the premiums that the Village paid on their behalf while the employees were on leave. Upon employees' return from VESSA leave, they are generally entitled to restoration to their position of employment or to a substantially equivalent position with substantially equivalent employment benefits, pay, and other terms and conditions of employment. However, please understand that employees will not have any greater rights to their position than if they had been continuously working and not on VESSA Leave. If employees claim they are unable to return to work because of the continuation, recurrence or onset of domestic or sexual violence or other circumstances beyond their control, they may be required to provide certification (a sworn statement and proper documentation) that they are unable to return to work because of that reason. Confidentiality All information that employees provide to the Village under the notice and certification requirements in this policy, as well as the fact that they have requested or obtained leave, will be retained by the Village in the strictest confidence, except to the extent that disclosure is requested or consented to by you in writing, or otherwise required by law. 14.05 - School Visitation Leave An employee who works in Illinois, who has been employed by the Village for at least six consecutive months and works at least 20 hours per week, may take a total of eight hours of unpaid leave during any school year to attend school conferences and classroom activities of his or her children, if the conference or activity cannot be scheduled during non -working hours. No 63 more than four hours of leave may be taken in any one day. Employees must exhaust all available paid time off and other available leave (except sick and disability leave) for school visitation before being eligible for unpaid school visitation leave. Before arranging attendance at the conference or activity, an employee must provide the Village with a written request for leave at least seven days in advance of the time it will be taken; however, in emergencies, no more than 24 hours' notice is required. Employees must consult with their supervisors to schedule the leave so as not to unduly disrupt the Village's operations. The employee will not be required to make the time up, but it can be agreed upon to do so. As a condition of being granted school visitation leave, employees must provide a verification statement (in accordance with and as defined by applicable Illinois law) from the school within two working days of the school visitation, if requested by the Village. 14.06 - Court Leave A full-time employee subpoenaed as a witness in a civil or criminal case (where the employee is not a party), 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 request for time off 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. 14.07 - Votinp_ 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. This policy will be construed pursuant to State law. 14.08 - Military Leave A. Eli ibili : Employees leaving the service of the Village for the express purpose of entering the active uniformed service or training of the United States armed forces or the Illinois State Militia during a national or state 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, Illinois State Militia and all auxiliary branches of said services in which either men or women shall be called to service, but 64 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. Sam: An employee returning from military leave may be reemployed at the same rate of pay he/she had attained, plus any adjustments that would have occurred if employee were not on leave, 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. 14.09 - Nursing Mothers in the Workplace The Village provides reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. This break time will, if possible, run concurrently with any break time already provided to the employee. The Village shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, for the employee to express breast milk. 14.10 - Military Training Leave of Absence The Village complies with all applicable state, federal and local laws regarding military leave, benefits and reinstatement. 14.11- Family Military Leave of Absence The Illinois Family Military Leave Act provides for unpaid leave for the families of military personnel. To be eligible, an employee must work for the Village in Illinois, be the spouse or the parent of an individual called to military service of at least 30 days in length by the State of Illinois or the United States, have been employed by the Village for at least 12 months, and have been scheduled to work at least 1,250 hours during the 12-month period immediately preceding the commencement of leave. M Eligible employees will be provided with up to 30 days of protected, unpaid leave. Family Military Leave may also be taken intermittently. The Village may require certification from a proper military authority to verify employees' eligibility for family military leave. Before taking family military leave, employees must exhaust their earned paid time off such as vacation time and personal days. The Village requires as much foreseeable notice of the leave as possible and reserve the right to schedule the leave so as not to unduly disrupt the Village's operations. If employees' leaves will extend over five (5) or more consecutive work days, the Village requires at least fourteen (14) days' notice of the intended leave. During a Family Military Leave, employees' health, dental and life insurance benefits will continue under the same conditions that existed prior to the leave provided that the employees continue to pay their premiums on a timely basis during their leave. Employees will be restored to the position they held when the leave commenced or to a position with equivalent terms and conditions of employment. 14.12 - 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 (or designee) for compelling personal circumstances which are deemed reasonable by the Department Director and Village Manager (or designee). The Village Manager (or designee) 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. Employees granted a leave of absence without pay may be able to maintain their medical and dental insurance coverage, via COBRA, during their leave by arranging to pay the premiums during the period of their leave. 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. 14.13 - Occupational Iniury 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 or as soon as is practicable. The immediate Supervisor will prepare required reports of such injuries as soon as practical following notification by the injured employee (and in no event later than the end of the work shift following notification). If the immediate Supervisor is not available, employees should report their injury to the Human Resources Department. The Village will not discipline employees for reporting a workplace injury or illness. No Supervisor, Human Resources Department representative, or member of management may discourage any employee from reporting an injury or illness. Employees injured on the job are covered by the Illinois State Workers' Compensation laws. This law provides specific benefits. Presently, 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. If this policy/benefit changes, we will notify the employees promptly. 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. Employees who are off of work due to a work related injury are prohibited from working in any other position for any other employer. NOTE: Employees on leave under this Policy may not accept employment with any other employer unless the employee obtains prior written approval from management authorizing work during the specific leave period. 14.14 - 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 is absent for three (3) or more days without authorized leave shall be deemed to have voluntarily resigned. When extenuating circumstances are found to have existed (as determined by management), leave may be granted retroactively upon recommendation by the Department Director and approval by the Village Manager (or designee) in accordance with the Village's FMLA policy only. :, BUFFALO GROVE PERSONNEL MANUAL CHAPTER 15.00 INSURANCE AND RETIREMENT PLANS Chapter 15.00 - Health and Life Insurance and Retirement Plans Section.- 15.01 Health and Life Insurance 15.02 Retirement Plans 15.03 Continuation of Benefits (COBRA) 15.04 Continuation of Benefits Upon Retirement 15.01- Health and Life Insurance A Standard Measurement Period (SMP) of January 1 through December 31 of each year is established by the Village as the look back period used to determine whether an employee has worked an average of at least 30 hours per week. If an employee averaged at least thirty (30) hours of work per week during the preceding SMP, that employee is considered full-time (for purposes of health insurance eligibility only) for the duration of the Village's Stability Period defined as January 1 through December 31. If an employee averaged less than thirty (30) hours of work per week during the preceding SMP, the employee is considered part-time for the duration of that same Stability Period. If an employee's hours change such that his or her status changes from full-time to part-time or from part-time to full-time during the Village Stability Period, no changes will occur in insurance designation in either case. For example, an employee is determined to be full-time during the SMP and elects to enroll in the Village's insurance. If his or her hours drop substantially and he or she essentially becomes part-time again, he or she will remain classified as a full-time employee for the purpose of healthcare reform and may remain enrolled in insurance until the stability period has ended. After such time, he or she may be eligible for COBRA. The Village has established an Administrative Period from November 1 through December 31 of each year during which time an employee who is deemed to have worked an average of at least thirty (30) hours per week during the preceding SMP may decide whether or not to enroll in the Village's insurance. This will provide time for the Village to administer the enrollment of such employees. 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 (including individuals in a civil union recognized by Illinois law) will be enrolled in the Village's medical and dental insurance program. Like all Village benefit programs, the terms and details and eligibility requirements of our insurance programs are under periodic review and may be changed for business or financial needs. Employees are encouraged to contact the Human Resources Department and/or to review the plan documents if there are questions about the benefits or eligibility requirements. In the event of a conflict between a summary in this Handbook and the plan documents, the plan documents that are then applicable will govern. 68 15.02 - Retirement Plans Full-time employees, part-time employees and seasonal/temporary employees who meet established eligibility criteria, 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. Consult the plan documents for further details. 15.03 - Continuation of Benefits (COBRA A. Under the provisions of The Consolidated Omnibus Reconciliation Act of 1986, as amended ("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 one hundred two percent (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 eighteen (18) months to twenty nine (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 sixty (60) days of the Social Security determination and requested the extended continuation period before the end of the first eighteen (18) months. E. COBRA also provides that continuation coverage will end for any of the following: 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 terminates for all employees. Note: This section will be construed in accordance with the applicable law. 15.04 - Continuation of Benefits Unon 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 dependents may maintain coverage if they continue to be eligible at the time the retiree becomes eligible for Medicare coverage. BUFFALO GROVE PERSONNEL MANUAL CHAPTER 16.00 SEPARATION AND DISCIPLINARY ACTIONS Chapter 16.00 - Senaration and Discinlinary Actions Sections: 16.01 Resignations 16.02 Termination 16.03 Return of Village Property 16.04 Standards of Conduct 16.05 Disciplinary Actions 16.06 Reduction in Force - Layoff 16.07 Retirement 16.08 Exit Interviews 16.01 - Resignations Employees may resign from the municipal service, for any reason, by presenting their resignation in writing as contained herein. Department and Division Directors should present notice of resignation no less than four (4) weeks prior to its effective date. All other employees should 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 (or designee). A resignation once submitted is considered irrevocable and as such may only be withdrawn by the employee with the approval of the Village Manager (or designee) 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. The Village reserves the right to escalate the effective date of a resignation in appropriate cases. 16.02 - Termination Employees may be discharged at any time and for any reason, including for "cause" such as: 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, tuition reimbursement, loan, etc.). 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 70 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, via oral and/or written reporting, 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 particular employees, such as in the presence of co-workers or the public, it may not be appropriate to point out the deficiencies when they are observed. 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 for even the first offense (if deemed appropriate). 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. Failure to follow any federal, state, or Village law, rule or regulation while on duty or while in or on Village property, or engaging in unlawful activity while on duty or while in or on Village property. B. Theft, participating in a theft or attempted theft of Village property or property of any employee, resident, or visitor to the Village. C. The on duty use or illegal handling/possessing of alcoholic beverages or controlled substances, as previously defined in this Manual or any other violation of any applicable drug or alcohol policy. D. Conviction of a crime involving on or off duty misconduct for which records have not been expunged or sealed (the Village will consider the nature of the offense, date of the offense, and employees' job duties). E. Offensive, inappropriate or negative attitude, conduct or language directed toward the public (and/or in their presence). F. Dishonesty, lying, embezzlement, falsifying any Village records (including employment application materials, no matter when it is discovered), falsely reporting any act or transaction or attempting to defraud the Village or a resident by any means, including making false or fraudulent statements regarding sick pay, leave, overtime, workers' compensation or insurance claims, falsifying financial records, falsifying or padding time records, or falsifying or padding expense reports. G. Willful or reckless damage of Village property or property of others. H. Fighting with, threatening or assaulting Supervisory personnel or any other employee, resident, or visitor to the Village. I. Engaging in horseplay. 71 J. Failing or refusing to cooperate with the Village, such as in an investigation of a violation of the Village's policies, an incidence of violence, or other conduct harmful to the Village, its employees, business or its property, or the concealment of or failure to report the occurrence of any violation of any Village rules. K. Signing or swiping in or out for another employee or letting someone else sign or swipe in or out for you. L. Incompetence, negligence, inefficiency, failure or inability (with or without a reasonable accommodation if disabled) to perform the essential job duties required of the employee's position or class. M. Damage or negligence in the care and handling of Village property. N. 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 could or does result in loss or injury to the Village, the Village's property or to the public. O. Failure to do work assigned. P. Repeated absenteeism or tardiness. Q. Extending breaks or meal periods without authorization and/or not taking breaks or meal periods at scheduled times. R. Leaving job during working hours without permission. S. Violation of any of the provisions of the personnel rules, Village ordinances or any applicable administrative regulation of the Village (including revisions thereto). T. 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. U. 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. V. Use or attempted use of political influence or bribery to secure advantage in an examination, transfer, evaluation and/or promotion. W. 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.. X. 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 (except as provided by an approved FMLA leave). 72 Y. Excessive or unreasonable use of Village telephones, network resources, electronic devices or other equipment for the conduct of personal business during working hours, or for unauthorized long distance calls. Z. Claiming sick leave under false pretenses or otherwise misrepresenting reason for time off or use of other benefits. A.A. Failure to maintain a satisfactory attendance record, except in accordance with the FMLA (or agreed upon accommodation provision for disabled individuals). BB. Unwelcome sexual advances, requests for 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. CC. Violation of the Village's EEO Policy. DD. Violation of the Village's Anti -Violence Policy. EE. Violation of the Village's Social Networking Policy. FF. Falsification, including misrepresentation (or omission) of Village Records, no matter when discovered. GG. Unauthorized sleeping on the job, including excessive or extended period(s) of closed eyes on working time. HH. Violation of departmental rules and regulations, standard operating procedures, general orders, and/or departmental directives. Il. Unauthorized possession, use or copying of any records that are the property of the Village. JJ. Repeated or chronic violation of the Village's policies or guidelines. KK. Any other conduct deemed directly or indirectly harmful to Village residents. 16.05 - Disciplinary Actions It shall be the responsibility of the employee's Supervisor and/or the Department Director, as applicable, to document and record any and all violations of the Standards of Conduct by any employee. Documentation of infractions shall be retained in the employee's personnel file and under the jurisdiction of the Human Resources Director. Disciplinary action may involve any of the following. This list is not all-inclusive and steps may be skipped within the discretion of management and/or language within a collective bargaining agreement, if applicable, based on the circumstances involved: 73 A. Oral Reprimand: A verbal warning to the employee that if his/her actions continue, a written reprimand will be transmitted to the employee and Department Director. The oral reprimand will be documented for reference. 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 (or designee) 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 (or designee) 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. 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 (or designee) 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 (or designee) and Director of Human Resources. E. Dismissal: Dismissal may be recommended by the Department Director and normally subject to approval by the Village Manager (or designee) and the Director of Human Resources. Dismissals shall be carried out by the Department Director and Director of Human Resources and/or his/her/their authorized designee(s). 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 (without limitation) lack of funds or curtailment 74 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 (or designee), 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, the Village shall generally lay-off employees in reverse order of their total service with the Village. The Village reserves the right to deviate from this custom when practical, economic or organizational factors prohibit such action. 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 and any applicable law(s) will govern. 16.08 - Exit Interviews Exit interviews may be conducted by the Village Manager (or designee), 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. The employee's final paycheck, including the payment of accrued vacation time and other applicable leave time, will generally be processed for payment with the next available payroll cycle. 75 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 17.00 EMPLOYEE SAFETY AND DEVELOPMENT Chapter 17.00 - Employee 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 (or designee) in cooperation with Department and Division Directors along with the Village'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 (or designee) 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 (or their designees) 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. 76 5. Provide and/or require equipment necessary to adequately protect the health and safety of employees. 6. Promptly investigate accidents, and prepare all necessary forms for documentation and future suggestions for prevention of on the job injuries and hazardous conditions. C. All employees shall: 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 Driver's License Employees The Village shall maintain policies and procedures for testing Commercial Driver's 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 77 injuries. Copies of the Village of Buffalo Grove Alcohol and Drug Testing Policy for Commercial Driver's License Employees will be made available to CDL holders. E. Child Protection Management It is the policy of the Village of Buffalo Grove to actively promote child abuse awareness and sexual misconduct awareness and to implement procedures to provide the highest level of protection to all minors. The Village is committed to preventing child abuse and sexual misconduct to minors while in Village sponsored programs or activities. This policy applies to all employees, public officials, volunteers, and agents of the Village who have any type of regular contact with minors on behalf of the Village. The Village will not tolerate child abuse and sexual misconduct to minors of any kind in Village sponsored programs or activities. All complaints of child abuse and sexual misconduct to minors while in Village sponsored programs or activities are serious and must immediately be reported to the Village Manager (or designee) and the Buffalo Grove Police Department. Additionally, mandated reporters must immediately make a report of a suspected child abuse or sexual misconduct to DCFS by telephoning the statewide DCFS Child Abuse Hotline at 1-800-25-ABUSE. 17.03 - Traininp- 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 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. 78 3. Specialized 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. [CONSULT HUMAN RESOURCES TO SEE IF BUDGET ALLOWS DISBURSEMENT FOR THIS PURPOSE] 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. All reimbursements shall be subject to the availability of budgeted funds designated for such purposes. E. If, after all reimbursement requests are received, the dollar amount of the requests exceeds the funds available for reimbursement, reimbursement will be made on a proportional/pro-rated basis, not too exceed $5,000 annually. Additionally, costs associated with the purchase of course supplies, books, and materials will not be reimbursed. , 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 less0% 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 - Clothine Provisions The Village will provide for the required 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 and subject to applicable departmental policies. 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. Employee Identification Card Policy All Village of Buffalo Grove employees will be issued an official Village identification card. This card will include a photograph of the individual with their name and title. The 79 identification card is to be carried or worn at all times while the employee is on duty (subject to department specific exclusions) and will be displayed upon request. An employee is not required to display an identification card when such an action would jeopardize the employee's safety, however, the employee will comply with the request as soon as practical if and when it is safe to do so. In lieu of wearing their Village issued identification card, uniformed employees must wear their department issued identification, such as badge and nameplate, on their outer most garment at all times. Non -uniformed employees must wear their identification card in a visible manner while on the Village campus, while visiting any Village building and while conducting Village business no matter the location including, commercial or residential locations within the Village. Any employee who has been issued an identification card must immediately report its loss as soon as the loss is recognized. Access to secure areas of the Village will only be granted to authorized persons, unauthorized persons should be prevented from entry into the secure areas within the Village. Visitors, members of the press, consultants, and technicians will follow the protocols established by each department. Employees observing individuals without a visitor pass or proper identification are responsible for ascertaining the nature of the individual's business and ensuring visitor passes are obtained, if necessary. Any employee who has been issued an identification card must return it upon separation from the Village of Buffalo Grove. 17.05 - Attitude and Appearance A friendly and courteous attitude by Village employees toward the public 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 and in conformance with the established dress code of their individual department. If an employee reports to work in an unkempt or disheveled appearance or uniform, he/she may be sent home without pay and/or otherwise subject to appropriate disciplinary action. 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 (or designee), 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. 80 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. 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. 81 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 17.00 EMPLOYEE SAFETY AND DEVELOPMENT Chanter 18.00 - Travel Expenses Sections: 18.01 Policy 18.02Travel Advances 18.03Reimbursable Expenses 18.04Per Diem Allowance 18.05Non Reimbursable Expenses 18.06Use of Village Vehicles 18.07Use of Personal Vehicles 18.08Vacation Combined with Official Travel 18.09Travel Reimbursement or Repayment of Advance to Village 18.01- Policy The Village of Buffalo Grove shall provide to employees reimbursement for reasonable and necessary 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 to all travel and training situations. Employees and Supervisors are responsible to identify training and professional development opportunities within the nearest proximity to the Village. Out-of-state travel requests must be recommended to and approved by the Village Manager (or designee) in accordance with promulgated rules. 18.02 - Travel Expenses The Village will continue to cover reasonable travel costs. However, we have made some alterations to the policy to address current practices. 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. The Village of Buffalo Grove will no longer provide a travel advance. B. Use of the Village purchase card is required for all travel expenses, unless circumstances require an out-of-pocket expense. All credit card receipts should be kept and attached to the expense report system. If an out of pocket expense is required, the employee shall be reimbursed (with valid receipts). C. If an out of pocket expense is required, the actual costs for reasonable meals and gratuities will be reimbursed as documented by receipt(s). Reimbursement is limited to the appropriate per diem rate ($50 per day) if meal and gratuity expenses incurred by the employee are deemed reasonable, as determined by the Village Manager (or designee). D. The Village will not reimburse the purchase of alcoholic beverages. E. The Village will only pay for meal expenses in the event of overnight travel. 82 F. The Village will not pay for meals if a meal is provided by the event, unless dietary restrictions cannot be met by the sponsoring organization. 18.03 - Use of Village Vehicles Village provided vehicles may be used to travel to destinations up to two hundred (200) miles (one-way) from Buffalo Grove, if approved by the Department Director or Village Manager (or designee). Pre -planned trips beyond two hundred (200) miles are to be approved by the Village Manager (or designee) 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 (or designee). 18.04 - Use of Personal Vehicles An employee who uses his/her personal vehicle for any approved business purpose must at all times possess 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 then applicable Internal Revenue Service guidelines. 18.05 - Vacation Combined with Official 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(C). 18.06 - Travel Reimbursement or Repayment of Advance to Village A Travel and Training Expense Estimate Report must be completed not less than ten (10) working days before a scheduled trip. All Travel and Training Expenses Reports must document the estimated and actual expenses incurred and must be approved by the Department Director and Village Manager (or designee) 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. 83 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 19.00 RECORDS AND REPORTS Chanter 19.00 - Records and Reports Sections: 19.01 Personnel Records 19.02Service Register 19.03Reports 19.04Confidentiality 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 non -confidential personnel files and records of the Village. Access will be in accordance with applicable laws. 19.02 - Service Register The Village Manager (or designee) 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 the Village Manager (or designee) 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 (or designee) 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 (with disclosure on a need to know basis only). Copies of such documents will be made available to the employee upon advance written request at the employee's expense. 84 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 20.00 PROHIBITIONS & PENALTIES Chanter 20.00 - Prohibitions and Penalties Sections: 20.01 Participation in Political Activities 20.0213iscrimination 20.03No Smoking 20.04Employment of Relatives 20.05Release of Information 20.06Media Relations 20.07Gifts and Gratuities 20.08Anti-Workplace Violence/Bullying — Policy 20.09 - Solicitation, Distribution and Use of Bulletin Boards 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 - No Smoking Smoking is not permitted at any time on Village premises unless the Village Manager (or designee) has designated an area as a smoking area and the area is at least fifteen (15) feet away from any Village building entrance. Smoking is defined as inhaling or carrying a lighted cigarette, cigar, pipe or using any electronically -operated device which may or may not contain 85 nicotine in a combination with other chemicals that are intended to be inhaled as a vapor by the user. This is intended to include, but not be limited to, e-cigarettes, e-cigars, hookah pens and any other inhaled nicotine delivery system. There will be no exceptions to this prohibition. Smoking that takes place in violation of this policy may result in discipline, up to and including termination of employment. 20.04 - 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. 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 (or designee). 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 or civil union will be addressed on a case -by -case basis to ensure no conflict of interest exists. F. In the event of a conflict between this Policy and the applicable law, the law will govern in all cases. 20.05 - Release of Information All employees are expected to exercise good customer service practices 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 (OMA), 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 (or designee), 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 (or designee), Director of Human Resources or Department Director. Requests for information, pursuant to the Illinois Freedom of Information Act (FOIA) shall be coordinated by the FOIA officer(s) in the applicable department(s), in concert with the Village Clerk's office. 20.06 - Media Relations The Village Manager (or designee) shall be the primary staff spokesman for the Village, consistent with the policy direction of the Corporate Authorities. Village Department Directors 86 or their designees may confer with representatives of the news media on matters related to their departments. It shall be the responsibility of each Department Director to develop and administer a policy for responding to media requests, including appropriate staff qualified and authorized to disseminate media responses. Upon contact with news media pertaining to sensitive matters, the Department Director (or designee) shall report to the Office of the Village Manager (or designee) the content and substance of the inquiry, information conveyed and potential additional inquiries or issues of sensitivity that may arise as a result of the media contact or underlying subject matter. All employees, when representing the Village and conveying its official positions, shall refrain from overtly political or opinionated speech, unless specifically authorized to do so by the Village Manager (or designee), in accordance with Village Board direction. This policy will be construed in accordance with all applicable laws to respect the free speech rights of the individuals involved while also ensuring that our residents are properly served. 20.07 - 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. Additionally, employees should not solicit or seek donations or contributions on behalf of other employees for gifts, sales of products or services, flowers or other reasons except with the prior approval of the Village Manager (or designee). 20.08 - Anti -Workplace Violence/BullyingViolence/Bullying 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, bullying, 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 acts 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 reports a complaint under this policy and/or participates in an investigation of a complaint reported under this Policy. 87 In keeping with the spirit and intent of this policy, and to promote the Village's objectives in this regard, the Village will endeavor to do the following: • To provide a safe and healthful work environment. • To take prompt remedial action, up to and including immediate termination of employment, against any employee who engages in any threatening behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures. • To take appropriate action when dealing with the customers, vendors, former employees, residents or visitors to the Village's facilities who engage in such behavior. Such action may include notifying the police or other law enforcement personnel and prosecuting violators of this policy to the maximum extent of the law. • To prohibit employees, former employees, vendors, residents, visitors and other individuals from bringing unauthorized firearms or other weapons onto the Village's premises. All persons, including individuals licensed to carry concealed firearms by the Illinois State Police, are prohibited from bringing firearms into or onto any park, library, or facility under the control of the Village, as such firearms are banned from such areas. • To establish viable security measures to promote the safety and security of the Village's facilities and to properly handle access to the Village's facilities by the public, off -duty employees, and former employees. The Village's employee assistance program (EAP) supports this policy. Any employee who displays a tendency to engage in violent, abusive or threatening behavior, or who otherwise engages in behavior that the Village, in its sole discretion, deems offensive or inappropriate may be referred to the EAP for counseling or other appropriate treatment. Such employees will also be subject to disciplinary action, up to and including termination of employment. In furtherance of this policy, employees should warn their Supervisors, Human Resources, Department Directors, Deputy Village Manager or the Village Manager (or designee) of any suspicious workplace activity, situations, or incidents that they observe or that they are aware of that involve other employees, former employees, vendors, residents or visitors and that appear problematic. This includes, for example, threats of acts of violence, aggressive behavior, offensive acts, threatening or offensive comments or remarks, and the like. Employee reports made pursuant to this policy will be held in confidence to the extent possible. The Village will not tolerate any form of retaliation against any employee for making a report under this policy. 20.09 - Solicitation Distribution and Use of Bulletin Boards Employees of the Village may not solicit during working time, nor may employees distribute literature during working time or in working areas. Employees may not accept the solicitation or the distribution of literature by any non -employee while you are on working time. 88 Working time is the time you are performing or are expected to perform the duties of your job. "Working time" does not include meal periods, rest breaks or before/after your shift. Bulletin Boards - Bulletin boards maintained by the Village are to be used only for posting or distributing material of the following nature: • Notices containing material directly concerning Village business. • Announcements of a work -related nature or legally -required postings which are equally applicable and of interest to employees. • All posted material must have authorization from administrative staff. All employees are expected to check these bulletin boards periodically for new and updated information and to follow the rules set forth in all posted notices. Employees are not to remove material from the bulletin boards. Non-Solicitation/Distribution of Employee Communication - The Village prohibits any form of solicitation and the distribution of written materials or literature on Village property where: • The solicitation or distribution occurs in a work area; • The employee engaged in the solicitation or distribution is on work time (excluding lunch periods, rest periods, and other periods when the employee is not expected to be working); or • The employee is on work time and the solicitation or distribution interferes with the work of other employees. The Village also prohibits: • Solicitation or distribution on Village property by non -employees; • Solicitation on customer premises; and • The use of Village equipment such as fax machines, or photocopiers to prepare information for solicitation or distribution. Any employee who violates this policy is subject to disciplinary action, up to and including termination of employment. RM BUFFALO GROVE PERSONNEL MANUAL CHAPTER 21.00 APPEALS & GRIEVANCES 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 Policy 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 restriction, interference, discrimination, or reprisal. Appeals of disciplinary actions shall begin with a written grievance report as set forth in Section 21.02(B) below. Although this Chapter outlines our general procedure for addressing workplace grievances, there is nothing in this Chapter which creates a due process or other procedural right. Rather, each situation is addressed on a case -by -case basis to ensure that the matter is promptly addressed and remedied (as appropriate). 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) working days from the date of the first offense giving rise to the grievance. B. Written Report: If 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 fimiish the employee with a written reply. C. Appeal to Department Director: If the written reply to the grievance is not satisfactory to the employee, the employee may, within ten (10) working days after receiving the reply, submit an appeal in writing to the Department Director. The Department Director shall confer with the aggrieved employee and/or his/her 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. 90 D. Appeal to Village Manager (or designee): If the appeal to the Department Director fails to resolve the grievance the employee may submit an appeal in writing to the Village Manager (or designee) 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 (or designee) shall hear matters pertinent to the grievance. The decision of the Village Manager (or designee) shall be final. The Village Manager (or designee) shall forward one copy of the course of action he/she intends to follow to the employee concerned and to the Department Director. 21.03 - Classification Grievances All grievances pertaining to the classification of an employee shall be made in writing to the Village Manager (or designee), within five (5) working days of the classification or else the Village will assume the employee agrees that the classification decision is fair and appropriate. The decision of the Village Manager (or designee) 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 Adiustment 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 Departments 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 Village 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 (or designee). Nothing in this Grievance Procedure constitutes a guarantee or promise of employment or a specific term of employment. 91 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 22.00 EXPECTATION OF PRIVACY Chapter 22.00 - No Expectation 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 any reasonable expectation of privacy when you use a Village owned or leased computer or communications system (i.e.: Smart phones, I -Pads, Tablets, flash drives, etc.). 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 or other approval before inspecting this employer provided equipment and your continued employment waives any claim you might have and constitutes your knowledge of and acceptance of your waiver of any right of privacy you might otherwise have or expect in your use of this equipment. 22.02 - Lockers, Desks and other Village Property 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 shall not have any 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 and without prior notice. Personal locks are not permitted on Village property and may be removed by management. Violation of this policy and/or refusal to cooperate with a search, is grounds for immediate dismissal. 92 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 23.00 INFORMATION TECHNOLOGY Chapter 23.00 - Communications and Information Technology Section: 23.01 Communications and Information Technology Policy 23.02 Social Media Policy 23.03 Identity Protection Policy 23.04 Protection of Information Technology 23.01- Communications and Information Technology Policy A. The policies in this document are intended to regulate the use and development of electronic data resources and technology used by the Village. B. All Information Technology services are contracted to the Government Information Technology Consortium (GovITC). The Deputy Village Manager or Designee shall be responsible for plans and implementation of Village policies affected by or enhanced by information systems and technology. 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. C. 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. D. Unauthorized Use of Information Technology: The Village prohibits the use of Village information technology resources in the following circumstances: l . 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. Any actual violation of federal, state, and/or local laws and/or ordinances. 93 E. 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 unless released via a legally permissible means, such as FOIA or court order. 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. 4. Identity Theft Policy F. To protect all sensitive, confidential and proprietary information all Village personnel shall observe the following practices (not all inclusive): 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. If you have reason to believe that another person may have obtained unauthorized access to an access code or password, you should notify the IT Director (or designee) immediately. 3. All employees are prohibited from allowing unauthorized individuals access to or use of Village information systems. 4. Employees should log off or lock 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. 5. No employee shall make copies of information stored on Village information systems without authorization from the supervising Department Director. This includes printed reports or electronic media. G. Encrypting and Protecting Computer Files: Village personnel are prohibited from encrypting or password -protecting computer files without authorization from the Deputy Village Manager or Designee. At least two (2) employees shall have access to any protected or encrypted file. 94 H. Internet Access: The granting of internet access is a privilege. 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, 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. As such, no employee should expect privacy with respect to the use of equipment used to access the internet. I. Hardware Installation: Only hardware that has been approved by the Deputy Village Manager or Designee and the Department Director shall be installed for Village use. This includes all personal computers, peripherals and accessories. Only persons with the Deputy Village Manager or Designee's approval or the GovITC shall install or uninstall hardware. Hardware may not be relocated, connected, or disconnected from any personal computer without the prior approval of the Deputy Village Manager or Designee and Department Directors. J. Software Installation: Only software that has been approved by the Village Manager's Office 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 Deputy Village Manager or Designee or a member of the GovITC shall install all software, unless the Deputy Village Manager or Designee approves the installation of software by another party. K. Software Licensing and Copyrights: 1. 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 to Notify their Department Director (or designee) Village employees learning of any misuse of software or related documentation within Village departments shall notify their Department Director or the Deputy Village Manager or Designee. 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. 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 (or designee) before doing so. 6. 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. L. Wireless Communication Equipment Policx: The Village of Buffalo Grove recognizes that wireless communications equipment (including, without limitation, cellular phones and data equipment such as smart phones, tablets, laptops, etc. collectively referred to herein as "Wireless Communications") and related services are an important and necessary tool to assist Village staff to perform their job duties. Therefore the Village may provide wireless communications equipment and service to certain employees to assist in the proper performance of their job duties. This policy applies to all employees who are provided, have access to or otherwise use Village wireless communications. The purpose of this section is to establish a Village of Buffalo Grove wireless policy and procedure regarding the assignment, procurement and use of Village provided wireless communication devices and to ensure the use or access such wireless devices is in compliance with the Village's policy and consistent with Village business needs. 1. The Village of Buffalo Grove provides wireless equipment and service to certain employees through the GovITC, as authorized by the Deputy Village Manager or Designee and necessary for the proper performance of job related activities. 2. All Village issued wireless devices and numbers are the Village's property, unless approved by the Deputy Village Manager or Designee. 3. Personal numbers shall not be ported over to Village phones, unless request is submitted in writing to and approved by Deputy Village Manager or Designee. 4. The GOVITC also has authority, under the direction of the Deputy Village Manager or Designee, to coordinate and arrange for such wireless communications equipment and service in support of the Village's business needs at the request of the employee's Department Director. 5. In considering the Department Director's cellular equipment request, the Village GOVITC will evaluate and recommend the most cost effective service plan and equipment for each authorized Village employee. 6. Only the Village Manager or Village President is permitted to enter into an agreement or contract for cellular equipment or service, on behalf of the Village. Procurement and distribution of equipment, accessories and service plans shall be the responsibility of GOVITC at the request of the Department Director with Approval of Deputy Village Manager or Designee. 7. The Village cannot and does not imply, extend, or guarantee any "right to privacy" for voice calls and or electronic communications placed over Village provided cellular equipment, including but not limited to call detail records, logs, voice mail messages, data storage, text messages, emails, and address books.. As such, the users should have no expectation of privacy with respect to any such communications. All wireless communications, particularly business email or text messages, can and will be subject periodic review to ensure compliance with this policy. Additionally, all such communications may be subject to release in response to a FOIA request or a court order. 8. Employees may be required to reimburse the Village for personal usage if their usage exceeds the Village's pooled plan's monthly allocation of minutes, messages, dates and if it has been determined by the Village that there has been excessive personal use. Reimbursement of personal usage does not entitle the Village employee to any expectation of `ownership' of that data and multiple occurrences require discipline up to and including termination. 9. Employees shall return their wireless equipment to the Deputy Village Manager or Designee upon separation from the issuing department or the Village and/or in the event the authorization is restricted or revoked by the Department Director. 10. As a general rule, the Finance Department reviews all monthly cell phone bills and bills with unusual charges are sent to department heads or their designee. The department head makes the determination of excessive personal use or other issues of usage of Village provided cellular equipment and administers the appropriate discipline according to the Village's policy. 11. A reasonable amount of personal use of Village wireless communications is permitted as long as it does not interfere with the employee's job performance or productivity and the transaction of Village business, consume significant 97 resources, give rise to any additional costs or interfere with the activities of other employees of the Village. 12. Under all circumstances, employees are required to use the Village provided cellular equipment in compliance with all laws and regulations. Employees using cellular telephones while driving are required to use a hands -free device or pull over to a safe location on the side of the road before placing or receiving a call. In the event of a violation of any traffic laws while using the Village's equipment, the employee may lose privileges and the employee is solely responsible for the cost of citations involved. 13. Reasonable care should be taken to prevent equipment loss or damage. If assigned cellular equipment is lost or damaged, the same equipment or part may be ordered for the employee at the expense of the department upon approval of the Department Director. However, if the Department Director determines that the equipment was lost or damaged due to negligence or misplacement, the employee is liable for the cost of repair or replacement. Lost equipment shall be reported within 24 hours to the Department Director and GOVITC; failure to do so could seriously compromise Village data security and shall result in discipline to the employee. 23.02 - Social Media Policy All information that is transmitted, received or stored on Village computers or within any part of its communications system is considered the exclusive property of the Village. This includes any information that is downloaded onto the Village computers from any format. Use of personal or other computers on social media sites (i.e., blogs, wikis, Facebook, Twitter, etc.) can present a problem to the Village, when such communications impact operations and/or the working environment. The Village respects its employees' right(s) to free speech in accordance with the parameters of the law, and does not intend to interfere with any off -duty or non -work related activities. However, to avoid blurring the distinction between professional and personal communications, the Village has developed the following guidelines for its employees who use social media sites (either on or off duty): • Blogs, wikis and other forms of online discourse are individual interactions, not communications from the Village. Employees are personally and legally responsible for your communications. • When discussing the Village or Village -related matters, employees are encouraged to identify themselves and make it clear that they are speaking for themselves and not on behalf of the Village. Where appropriate, employees are encouraged to use a disclaimer such as: "The postings on this site are my own and do not necessarily represent the Village's positions, conclusions or opinions." W. • Employees must not discuss or divulge confidential Village information, including, but not limited to, business plans, strategies, Village financial information, or Village confidential or proprietary information that has not been made public. • While employees may disagree with Village actions, policies, etc., employees may not write knowingly malicious or false comments about the Village, fellow employees (regardless of title or position), customers, vendors or others affiliated with the Village. Posting of comments or materials (including photographs, videos or audio) regarding the Village, its employees, or its services is prohibited if obscene, knowingly false, or harassing. Posting of comments or materials (including photographs, videos or audio) regarding the residents that are served, is prohibited if obscene, defamatory, profane, libelous, threatening, harassing, abusive, or unprofessionally derogatory to a resident. These issues will be reviewed on a case -by - case basis. • If a member of the media contacts an employee about his/her blog or posts and requests an official comment from the Village on said blog/post, in order to deliver an appropriate message and to avoid giving misinformation in any media injury, employees should state, "I am not authorized to comment for the Village, (or I don't have the information you want). Let me have our Village Manager contact you." Then contact the Village Manager (or designee) or Department Director to convey the Village's response. Violations of this policy generally will result in discipline, up to and including discharge. If an employee is aware of any violation of this Policy, they are urged to notify management through our internal complaint procedure. Be assured that the Village will not tolerate or condone any retaliation against any person who reports a Policy violation and/or participates in an investigation of a potential violation. IMPORTANT NOTE: Any violation(s) of the guidelines in this Policy are applicable, whether done during work hours or outside of work, except as may be allowed by law. These issues will be addressed on a case -by -case basis to protect the rights of our employees and also the rights of the Village, including our employees and others we do business with in serving the residents of the Village of Buffalo Grove. In all cases, there is nothing in this policy which is intended to limit or restrict an employee's right to engage in lawful speech and/or protected or concerted activities which are guaranteed by law. If there is conflict with this Policy and the law, the law will govern. 23.03 - Identity Protection Policy Improper disclosure of protected personal identifiers such as social security numbers may contribute to identity theft and any number of resulting credit problems. The Village has adopted this Policy to protect social security numbers from unauthorized disclosure. In accordance with the Illinois Identity Protection Act, only employees who are required to use or handle information or documents that contain social security numbers shall have access to such information or documents. All employees with access to social security numbers in the course of their job duties must undergo training to protect the confidentiality of the social security numbers. When collecting a social security number or upon request by an individual, employees must provide a statement of the purpose(s) for which the Village is collecting and using the social security number. Under this Policy, social security numbers requested from an individual must be provided in a manner that makes the number easily redacted, if required to be released as part of a public record request. If you have questions about this policy or would like to report a violation (free of retaliation), you are encouraged to contact your Department Director (or designee). Any individual found to be in violation of this Policy will be subject to disciplinary action (no matter when discovered). 23.04 - Protection of Information Technology The Director of Information Technology and the Information Technology Department are responsible for establishing procedures, practices and systems to protect Village information systems from viruses, hardware failures and data loss from network resources. However, it is the responsibility of all Village personnel to follow the procedures established by the Information Technology Department with regards to protecting all data. Village network servers are backed up to tape drives or other high-speed, high -capacity storage devices every weeknight. Periodic checks of backup reliability are performed to assure that files can be easily restored from backups. Backup media are stored in secure locations away from the servers to reduce the risk that a catastrophe may destroy both the server and the backup. No backup routines are established for individual workstations. In the event of a workstation failure, a workstation's operating system and standard software can be easily rebuilt or replaced. However, individual data files kept on the computer's hard drives cannot be restored. For this reason, Village employees are encouraged to keep all data on network drives alone. It should be noted that due to the Freedom of Information Act, all information available to an employee is potentially discoverable and will be made public upon request. 100 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 24.00 DRUG FREE WORKPLACE Chapter 24.00 - Drug Free Workplace Section: 24.01 Drug Free Workplace Policy 24.01 - Drug Free Workplace Policy A. This Policy 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 applicable statutes and concerns, the Village has resolved to maintain a drug free workplace. 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 (or designee). 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, medical marijuana and the abuse of prescribed medications. 8. "Legal Drugs" mean prescription drugs, including medical marijuana 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. 101 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, unless otherwise accommodated. Employees are encouraged to utilize the Employee Assistance Program (`BAP") benefit offered by the Village and/or apply for time off under the FMLA policy if applicable. After the fact request for assistance under this Section of the Policy will not excuse a Policy violation or limit the appropriate penalty for such violation. E. Screening and Testing The Village will require employees who are required to hold commercial driver's licenses ("CDL") 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. The Village also may require any employee to be screened or tested following a workplace accident where it is reasonable to expect the employee was impaired by alcohol or drugs, during and after an employee's participation in an alcohol or drug counseling or rehabilitation program, or 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 and the initial testing will be at the Village's expense. Any subsequent testing will be at the employees' expense at a medical facility selected by the Village. 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, prior to the 102 collection of a specimen or other testing, to disclose the use of legal drugs, including medical marijuana, and to explain the circumstance of their use. If an initial test is positive, a second test will be conducted from the same sample. A confirmed positive drug and/or alcohol test may result in disciplinary action, up to and including termination of employment. Each Village employee is required to sign a form consenting to such a test. Prospective employees applying for positions that require a commercial driver's license will be required to sign a consent form prior to taking the pre -employment drug screening. Prospective employees for positions that require a pre -employment physical will be required to sign a consent form prior to taking the pre -employment physical. Each employee and prospective employee may also be required to sign a separate consent form requested by the Medical Facility conducting the screening or testing. Refusal to sign any requested consent form will result in non -hire or disciplinary action up to and including termination of employment, as deemed appropriate by the Village, in its sole discretion, under the circumstances. Additionally, refusal to submit to a drug or alcohol test, or refusal to cooperate, will result in non -hire or disciplinary action up to and including termination of employment. 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, unless otherwise accommodated. 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 Facility certifying that the employee has successfully completed the treatment program, that the employee is released to return to work, and that the employee agrees to all conditions of reinstatement as determined by the Village, which may include, but is not limited to, future alcohol and/or drug testing. 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 if job performance is unsatisfactory, and avoid disciplinary action. G. Use of Legalgs 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 (including medical marijuana) 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, judgment, or reaction time or prevents the employee from performing his or her job safely. 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 and to notify the Department Director to determine if some reasonable accommodation is 103 appropriate. 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 legal 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 (within twenty four (24) hours of conviction). 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 in the course of or following 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 (with or without a reasonable accommodation if the individual is disabled). 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. 104 J. 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 job related physical examination which may include a drug 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 (including medical marijuana) and to otherwise protect Village employees, visitors and property, employees may be subject to inspection as follows (not all inclusive): 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 (including medical marijuana) 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 (or delay) 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. 105 BUFFALO GROVE PERSONNEL MANUAL CHAPTER 25.00 MANAGEMENT RIGHTS Chapter 25.00 - Management Rights Sections: 25.01 Management Rights 25.01- Management 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. 106 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. 107 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 been developed 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 implied, 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 prior notice. I understand that no representative of the Village, other than the Village Manager (or designee), 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 January 22, 2018 and effective January 22 Day, 2018. Signature Print Name Department Date 108