City Council Employee Guide and Policies

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Transcript of City Council Employee Guide and Policies

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EMPLOYEE GUIDE

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INTRODUCTION

Councilmembers and employees of City Council are in a unique employment position. Being neither members of any municipal union nor represented by any bargaining agent, it has always been the responsibility of the President of City Council to make arrangements for certain benefits. Over the years, many quality benefits have been obtained, including health and welfare, various insurances, vacation time and holidays. Also, workplace policies regarding ethics, harassment and equal employment have been adopted to help ensure the quality of your work experience. Because of the complexity of these many benefits and policies, we have created this Employee Handbook for your reference. I hope you will find it helpful and that you will refer to it often with ease and understanding.

Darrell L. Clarke, President

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PREFACE The material in this employee information manual is based on current City Council regulations and procedures. It is recognized that changes will occur, which incidentally, are appropriate in any dynamic progressive organization. Every effort will be made to keep you apprised of changes when they occur. It is our belief that it is a benefit to all when employees are kept well informed. Also, it is to your benefit to seek out this information from your immediate supervisor. This manual is meant to answer some of your questions about City Council, how it operates, what you can expect as an employee, and what is expected of you. The manual summarizes conditions, requirements, and benefits of Council employment without going into extensive detail. Since it presents a general picture only, you should not use it as your only source of information on any subject it contains. Consult your immediate supervisor for additional information. The material in this Employee’s Manual pertains to all fulltime permanent employees. If your employment status is anything other than that or for other specific questions you have, please direct such questions, through your supervisor, to the Administrative Services Unit, Room 495 City Hall, 686-3405 or 686-2168.

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CONTENTS

I. Council President’s Introduction………………………………………………… 3

II. Preface ………………………………………………………………………………………..4

III. Contents………………………………………………………………………………………5

IV. Hours of Work, Attendance and Leave…………………………………………6 A. Voluntary – At Will Employment B. Hours of Work C. Attendance and Punctuality D. Recognized Holidays E. Paychecks F. Timesheets G. Vacation H. Sick Leave I. Family and Medical Leave J. Administrative Leave K. Extended Personal Leave L. Military Leave M. Jury Duty N. Parental Leave O. Funeral Leave P. Meetings and Conferences Q. Reimbursement of Expenses R. Separation S. Return of Property T. Outside Employment

V. Economic Benefits and Insurance………………………………………………..11 A. Health/Life Insurance B. Social Security/Medicare/Medicaid C. Workersʹ Compensation and Unemployment Insurance D. Retirement Plan E. Tax Deferred Annuity Plan

VI. Ethics Policy……………………………………………………………………………….. 14

VII. Equal Employment Policy …………………………………………………………..18

VIII. Policy Against Workplace Harassment……………………………………….. 19

Contacts…………………………………………………………………………………….. 20

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I. IV. HOURS OF WORK, ATTENDANCE AND LEAVE A. Voluntary - At Will Employment

City Council employees serve the City as an at-will employee, which means you or City Council can sever the employment relationship at-will, with or without cause.

B. Hours of Work

The normal work week shall consist of five (5), eight and a half (8 1/2) hour days, Monday through Friday, with one hour for lunch. Each Council Office shall determine the hours of employment that best suits the needs of/for the office.

C. Attendance and Punctuality Attendance is a key factor in your job performance. Punctuality and regular attendance are expected of all employees. Excessive absences (whether excused or unexcused), tardiness or leaving early is strongly discouraged. If you are absent for any reason or plan to arrive late or leave early, you should notify your supervising officer as far in advance as possible.

D. Recognized Holidays : New Year’s Day Martin Luther King, Jr. Birthday Presidents Day Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day, and Christmas Day

*When a holiday falls on a Sunday, it will be observed on the following Monday. *When a holiday falls on a Saturday, employees will receive an Annual Leave day

E. Paychecks Paychecks are distributed by the Council President’s Office on a biweekly basis

F. Time Sheets Completed time sheets should be given to the Director of Human Resources on a daily basis. Payroll must be confirmed by 10 am on Mondays, so all time must be posted by then. Employees are to sign in when they arrive to work, sign out when they go to lunch, sign back in after lunch and sign out the time they leave for the day. The lunch policy is “use it or lose it”, and you may not take lunch at the beginning of the day if you are late or at end of the day to leave early. You may only use excused time for lateness due to weather when the City makes the declaration. Approved Compensatory Time slips must be attached to the time sheet for the date on which it was earned. NO EXCEPTIONS

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The Controller’s Office requires written approval of employees paid time off, so please maintain such a file in your office. Electronic is acceptable.

Please be aware of employees abusing sick time, especially when using vacation time or around holidays. (i.e. vacation, vacation, sick, sick, vacation, AL). Fraudulent use of time is an issue that has been raised by the Controller’s office.

If an employee uses 3 or more consecutive sick days, a doctor’s note is required upon their return. After 5 consecutive sick days, it is to the employee’s benefit to submit Family Medical Leave paperwork, which preserves your medical insurance coverage (up to 12 weeks), even if your paid time is exhausted.

G. Vacation

Permanent full time employees begin to accrue vacation leave from the commencement of employment. Vacation leave cannot be used until the employee has completed six (6) months of continuous service. The Vacation leave earning rates are:

1. Employees with five (5) full years or less of continuous service accrue 10 days per year.

2. Employees with more than five (5) but less than ten (10) full years of continuous

service accrue 15 days per year.

3. Employees with more than ten (10) but less than twenty (20) full years of continuous service accrue 20 days per year.

4. Employees with more than twenty (20) full years of continuous service accrue 25 days

per year.

H. Sick Leave Permanent full time employees begin to accrue sick leave from the commencement of employment. Sick leave cannot be used until the employee has completed three (3) months of continued service. The Sick leave earning rates are:

1. Employees hired/rehired prior to calendar year 2000 accrue 20 days per year,

2. Employees hired after calendar year 2000 accrue 15 days per year.

I. Family and Medical Leave In accordance with Public Law 103-3, The Family and Medical Leave Act of 1993, employees who can certify a qualifying need, observe the notice requirements, and otherwise comply with the provisions of the law are entitled to up to twelve (12) work weeks of unpaid leave

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for their own serious health condition or the serious health condition of an immediate family member (parent, spouse, or child) within a twelve (12) month period. Leave may be granted for extended occurrences, intermittent occurrences, or as part(s) of the work day. City-paid medical benefits shall continue until the end of the twelve work week allowance, but in the event the employee leaves City employment at the end of such leave, the City may recover any medical benefit payments made during the course of the leave. Upon termination of the leave, the employee is guaranteed reinstatement to the same or an equivalent position. Consistent with the Act, the City requires that the employee use all paid administrative and all applicable sick leave reserves prior to using any unpaid allowance of Family and Medical Leave.

J. Administrative Leave Permanent Full Time Employees are entitled to 4 Administrative Leave days (personal) per fiscal year (July 1 – June 30).

K. Extended Personal Leave Employees who have been employed for at least one year may be granted a leave of absence without pay for a period not exceeding one year upon the employee's written request. The employee's written request shall state the duration of the requested leave and the reason for the request.

L. Military Leave Employees who are inducted into or enlist in the Armed Forces of the United States or are called to duty as a member of a reserve unit may take an unpaid leave in accordance with applicable law. The employee must provide in advance written notice of his or her need for a military leave along with a copy of their military orders. A military leave for an employee who is drafted or enlists in the Uniformed Services (other than a Reserve component) or enters upon active duty and is released under honorable conditions, shall extend for a period up to, but not exceeding, ninety (90) days after release from active duty in the Uniformed Services, or release from hospitalization continuing after discharge for a period of not more than two years. Military leave shall cover a cumulative period of active service in the Uniformed Services not exceeding five (5) years, unless a subsequent period of service is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law).

A military leave for a member of the National Guard or of a Reserve component of the Armed Forces of the United States who is ordered to an initial period of active duty for training of not less than three consecutive months shall extend for a period up to, but not exceeding, thirty-one (31) days after release from such active duty for training after satisfactory service, or discharge from hospitalization incident to such active duty for training or two years after such hospitalized member's scheduled release from such training, whichever is earlier.

Within the periods defined above, the employee must indicate in writing or in person his/her readiness, willingness, and ability to return to City employment.

The time an employee spends on military leave will be counted as continuous service for the purpose of determining eligibility and accrual for various benefit plans and policies. For military leaves extending 30 days or less, The City of Philadelphia will continue to pay

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the portion of the premium on health insurance, if any, that it was paying before military leave began. In order to continue such health insurance, the employee must continue to pay his or her portion of premiums during this period. For military leaves extending beyond 30 days, the employee will have the option to continue his or her insurance coverage at the employee’s cost. Upon return from military leave, employees will be reinstated as required by law and benefits will be reinstated with no waiting periods.ʺ

M. Jury Duty

The City of Philadelphia believes in the civic responsibility of its employees and encourages this by allowing employees time off to serve jury duty when required. Employees serving on juries must attach documentation of such participation to time sheets submitted to the Council President’s office for the time period during which such service took place.

N. Parental Leave Exempt employees with at least six-months of tenure in City government shall be granted up to four (4) weeks of paid parental leave after the birth of a child, or upon taking custody of an adoptive child or a foster child under the age of 18. Parental leave shall be used in continuous days during the 12-month period immediately following the birth or the arrival of the adoptive or foster child. Parental leave may be used on an intermittent basis only if approved by the employee's supervisor. Use of paid parental leave shall not require use of any accrued leave; and paid parental leave may be used in addition to any accrued leave. Any paid parental leave not used by the employee before the end of the 12-month period to which it relates shall be forfeited and may not be accumulated for any subsequent use. Employees may return to work on a part-time basis following parental leave under the following conditions.

The employee must request and secure the approval of the appointing authority before returning to work.

Approval of a request to return to work on a part-time basis is at the discretion of the appointing authority and must be consistent with the operating and business needs of the City.

Employees must request and commence part-time work no later than one year after the birth or placement of the child and no later than the expiration of their six month maternity/parental leave.

Employees will be permitted to work on a part-time basis for a period not to exceed three months.

O. Funeral Leave

Funeral Leave shall be granted to all full-time City employees who experience a death in the family. You must provide a certificate of attendance from the Funeral Director and attach it to the time sheet. If services are held on a Saturday or Sunday, you may not use funeral leave.

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For a death in your immediate family (spouse, spousal equivalent, parents, grandparents, children, grandchildren, brother, sister, father-in-law and mother-in-law) you are granted up to four days paid leave. For the death of other family members (aunt, uncle, cousin, niece, nephew, brother-in-law and sister-in-law) you are granted one day of paid leave.

P. Meetings and Conferences

Staff may be given limited time off to participate in educational opportunities related to the staff member’s current or anticipated work. An employee serving as an official representative of a Philadelphia City Council Office at a conference or meeting is considered on official business and not on leave.

Q. Reimbursement of Expenses Upon the approval of the Council President, reimbursement is authorized for reasonable and necessary expenses incurred in carrying out job responsibilities.. Employees serving in an official capacity for Philadelphia City Council at conferences and meetings may be reimbursed for actual and necessary expenses incurred, such as travel expenses, meal costs, lodging, tips and registration fees.

R. Separation Either Philadelphia City Council or the employee may initiate separation. Employees are encouraged to provide at least two weeks (10 days) written notice prior to intended separation. Employees who separate from City employment are entitled to receive accrued unused vacation time. As stated above, all employment at Philadelphia City Council is “at‐will.” That means that employees may be terminated from employment with or without cause, and employees are free to leave the employment of Philadelphia City Council with or without cause.

S. Return of Property Employees are responsible for Philadelphia City Council equipment, property and work products that may be issued to them and/or are in their possession or control, including but not limited to:

Telephones

Identification badges,

Office/building keys,

Office/building security passes,

Computers, electronic/voice mail codes, and

Intellectual property (e.g., written materials, work products).

In the event of separation from employment, employees must return all Philadelphia City Council property that is in their possession or control. Where permitted by applicable law(s), Philadelphia City Council may withhold from the employee’s final paycheck the cost of any property, including intellectual property, which is not returned when required. Philadelphia City Council also may take any action deemed appropriate to recover or protect its property.

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T. Outside Employment

Individuals employed by Philadelphia City Council may hold outside jobs. Employees should consider the impact that outside employment may have on their ability to perform their duties. Outside employment that constitutes a conflict of interest is prohibited.

II. ECONOMIC BENEFITS AND INSURANCE

The City of Philadelphia provides a competitive package of benefits to all eligible full‐time. The following outline of available benefits is provided with the understanding that benefit plans may change from time to time, and the plan brochures (known as Summary Plan Descriptions) or contracts are to be considered the final word on the terms and conditions of the employee benefits provided.

A. Flex Plan

Philadelphia Flex means benefits flexibility. Employees have the opportunity to create and design a benefits package based upon their personal and family needs.

1. Eligibility

a. Employees b. Dependents

Eligible dependents for health care benefits are:

Legal spouse

Life partner- as set forth in section 9-1106 [2] of the Philadelphia Fair Ordinance

Children up to age 26

Natural children

Legally adopted children

Stepchildren( residency with you is not required )

Children for whom you have legal guardianship

Unmarried children up to any age if mentally or physically handicapped( proof of incapacity is required within 31 days of coverage date )

2. Enrollment Period

Once a year employees who wish to change aspects of their health insurance such as additions, removal of dependents and/or switching insurance plans, can do so during the City's open enrollment period. Additions or removal of a spouse or dependent requires official documentation. (i.e. marriage, birth, or death certificate; divorce decree). All changes will take effect January 1. The coverage for which you enroll during Open Enrollment will remain in effect for the entire plan year (January 1 through December 31) unless the employee has experienced a mid-year qualifying life event.

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B. Health Plans

1. Medical Coverage

www.ibxpress.com Personal Choice PPO (Preferred Provider Plan) 1-800-ASK-BLUE Keystone Health Plan East (HMO) - 1-800-ASK-BLUE

2. Prescription Drug Plan

www.caremark.com 1-800-309-5013

3. Dental Coverage

www.ucci.com 1-866-851-7568

4. EYE MED

www.eyemed.com

1-866-393-3401 5. Flexible Spending Accounts

Flexible Spending Accounts (FSA) allows an employee to pay for eligible health care and dependent care expenses that are not covered with pre-tax dollars. A designated amount is automatically deducted from each paycheck, and deposited directly into the Flexible Spending Account(s) before taxes are deducted. A Flexible Spending Account commuter benefit is available to employees who take public transportation to work. Employees participating in this benefit receive pretax discounted fares.

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There are three (3) types of Flexible Spending Accounts: Health Care, Dependent Care and Commuter / Transit.

a. Medical Care FSA

Medical Care Flexible Spending Accounts are subject only to City taxes. The annual maximum is $2,550; and the minimum annual contribution is $130. Qualifying expenses must be incurred during the benefit year and must be submitted no later than March 31.

Medical Care and Dependent Care FSA For more information www.wageworks.com

b. Dependent Care FSA (All Employees)

Dependent Care Flexible Spending Accounts are designated for child care expenses (daycare), or other eligible dependent care i.e. after school care (claimed on Federal Tax return). Dependent Care FSA’s are subject to City, State, and Pennsylvania Unemployment taxes. The maximum is $5,000 and $130 is the minimum contribution.

c. Commuter/Transit FSA

Commuter/Transit Discount Spending Accounts are available to anyone who takes SEPTA public transportation to work. This benefit reduces taxable income through the purchase of pre-tax transit fares. Employees may purchase a monthly transit pass or a prepaid transit debit card; both benefit options may include a prepaid parking benefit. The 2016 pretax transit maximum monthly contribution is $130 and $250.00 for qualified parking expenses.

Commuter Discount Program

www.wageworks.com or call 1-877-924-3967

* Call the Director of Human Resources for inquiries concerning eligibility to switch insurance plans.

6. Life Insurance Full-time employees can receive life insurance coverage through the City. Contact the Director of Human Resources for more information or to change a beneficiary.

7. COBRA: Continuation of Group Health Insurance Coverage.

The right to COBRA continuation coverage was created by a federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).

When an employee loses health coverage with The City of Philadelphia he/she is most likely entitled to apply for COBRA. COBRA is a temporary continuation of whatever healthcare coverage in which the employee was enrolled while a part of the City Administered Plan

8. Social Security/Medicare/Medicaid

Philadelphia City Council participates in the provisions of the Social Security, Medicare and Medicaid programs.

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9. Workersʹ Compensation and Unemployment Insurance

Employees are covered for benefits under the Pennsylvania Workers’ Compensation Act. Absences for which worker compensation benefits are provided are not charged against the eligible employee’s sick leave. To assure proper protection for employees and Philadelphia City Council, any accident that occurs on the job must be reported to City Council’s Safety Officer, Jerry Davis at 215-686-1919, even if there are no injuries apparent at the time.

C. Retirement Plan

The City of Philadelphia provides a retirement program for eligible full‐time and part‐time employees. All Eligible employees begin to contribute into their respective plans at the start of their employment. For more information regarding the City of Philadelphia Pension and Retirement Fund please visit www.phila.gov/pensions or contact the Board of Pension and Retirement at 215-496-7400.

D. 457 Deferred Compensation Plan

The City of Philadelphia has partnered with ICMARC to offer employees an additional benefit to save and invest money for retirement with pretax dollars through a 457 deferred compensation plan. A 457 plan is designed to supplement your retirement income. Saving to your 457 plan can help maintain your desired standard of living when retired. For more information regarding the 457 Deferred Compensation plan please visit www.icmarc.org/philadelphia or contact ICMA-RC directly at 215-568-1960.

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III. ETHICS A. General Principles of Conduct for Council Staff Member

Promoting Common Good. A Council staff member is a public servant. The broad purpose of his or her work is to assist City Council in promoting the common good of the citizens of Philadelphia.

Loyalty to the City Council. The mission of Council is to represent the people in deliberating and deciding about matters affecting the common good. The mission of Council staff members and the purpose of their public service is to support Council in its mission. Any action or inaction which could bring disrepute to, or infringe upon the authority of, the legislative branch of government or the principle of representative government conflicts with this service.

Trustworthy. A Council staff member stands in a relationship of trust, confidence, and responsibility to Council and has the duty to act in a way that makes him or her worthy of the trust and confidence Council places in staff members. {Comment: Staff members stand in a special relationship to Council members. As staff members they are entrusted with various tasks that give them an important role in the process by which decisions for the common good are made by Council. In performing these tasks, staff members are expected to give Council the full benefit of their knowledge and skills without usurping the authority to make legislative decisions, which has been exclusively delegated to Council members. To be worthy of this special relation of trust--to be trustworthy--a Council staff member must meet certain obligations to Council members, colleagues, and the general public.} Civil. A Council staff member respects the rights of individuals to hold different opinions, and speaks truthfully without accusation or distortion, and avoids heightened rhetoric when serving Council. {Comment: A Council staff member who demonstrates civility chooses words carefully and understands that staff actions or communications reflect directly upon Council members, and ultimately, the legislative institution. The actions of a Council staff member reflect upon Council as an institution, and staff, by default, represent the institution. Civility requires an acknowledgement of opposing views and the right of others to hold those views. It does not suggest or require acceptance or agreement with those opinions. A civil staff member understands that attempts to distort the opinions or reputations of others oftentimes result in a reciprocal effect upon the institution. A civil Council staff member is careful to remain civil in his or her own interactions, and thus serve as a positive example of maintaining and promoting civility within the legislative institution.}

B. Political Activity

Political activity by City officers and employees is governed by Section 10-107 of the Philadelphia Home Rule Charter, Regulation No. 8 of the Philadelphia Board of Ethics, and by the Public Official and Employee Ethics Act, 65 Pa.C.S. Sections 1101 et seq,. In general, City employees are prohibited from engaging in political activities while on duty. However, City Council employees (and to a much greater extent elected officials) are allowed to engage in certain political activities on their own time, provided they are not using any city-government resources, property or paid personnel.

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POLITICAL ACTIVITY WHILE ON DUTY OR WHILE USING CITY RESOURCES IS STRICTLY PROHIBITED AT ALL TIMES. Violations of this rule are punishable by both civil fines and criminal penalties, including the possibility of a lengthy prison sentence.

COUNICL STAFF MEMBERS CANNOT ACT AS A TREASURER FOR ANY CANDIDATE, AND MAY NOT SOLICIT OR RECEIVE CONTRIBUTIONS INTENDED FOR A POLITICAL PURPOSE. Generally speaking, City Council staffers may NOT:

Engage in political activity on duty or in City Hall or other city buildings

Use city resources, such as copiers, email, computers and telephones, to engage in political activity

Use authority or influence of their Council position to coerce someone to participate in political activity

Request a subordinate to participate in political activity

Solicit of receive contributions intended for a political purpose, including authorizing a committee or directing others to receive contributions on your behalf.

Run for office or serve as an election officer

Generally speaking, City Council staffers may:

Participate in a political campaign while off duty and not in City Hall or other City property

Use your title while participating in political activity off duty

Be a ward leader or committee person

Circulate nominating petitions Before engaging in any political activity, please read Regulation No. 8 for a detailed explanation of the rules on political activity, and how those rules affect a Council staff member. Keep in mind that Council staff members are legally allowed to be involved in more political activities than a person working under the Mayor. You may also consult Council’s Chief Ethics Officer for more guidance. Political Activity Regulation. Regulation No. 8 is found at the following web address: http://www.phila.gov/ethicsboard/PDF/BOERegNo8_Political%20Activity_Effective3.28.11FOPNote(2).pdf

C. Gifts Generally. The general rule is that a Council staff member may not accept any gifts from persons or entities in exchange for an official act which can affect the financial interest of the person or entity seeking the official action. Accepting tips and bribes for doing your work are prohibited and illegal. Soliciting Gifts. A council staff member may not ask for, nor solicit, gifts from those persons or entities seeking official action or who has a financial interest that you can substantially affect through official action. Cash. Council staff members may never accept gifts of cash, checks, or gift cards from a source seeking official action, or who has a financial interest that you can substantially affect through official action.

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Exceptions to the Gift Rule: There are certain limited exceptions where non-cash gifts may be accepted by Council staff members as follows:

No more than $99 in non-cash gifts in a calendar year

Certain receptions, meetings, office events,

Political events, and ticket to political events,

Work conferences and work related travel, and

Perishable items donated, destroyed or shared with co-workers Lobbyists. Be very cautious of gifts from Lobbyists. Lobbyists often are seeking your official action or have a financial interest that you can affect. Lobbyists are required by law to file reports on the cost of all gifts, hospitality, transportation or lodging given to public employees. You will be notified in writing by a lobbyist if the cost of gifts totals $200 or more and they intend to list the gifts in their expense report. Reporting Unsolicited Gifts Sent to You. Gifts sent you in violation of the rules must be returned or paid for and reported. See Section 20-604(7)(a) and (b) for details on how to handle such gifts. The gift law specific to Philadelphia is found in The Philadelphia Code, Section 20-604. Philadelphia’s gift law is more restrictive than state law. Keep in mind that if you are required to file a Statement of Financial Interests, you must report most gifts you accepted on that statement. If you have any questions on gifts, please seek guidance before accepting anything of value.

D. Conflicts of Interest

State law prohibits and defines a conflict of interest as follows: “No public official or public employee shall engage in conduct that constitutes a conflict of interest. A conflict of interest is defined as use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family, or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minims economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation, or other group which includes the public official or public employee, a member of his immediate family, or a business with which he or a member of his immediate family is associated.” The City has a similar rule that prohibits conflicts of interests. As a Council staff member you are prohibited from using your public office to benefit your personal financial interests, or the financial interests of a close relative or business with which you are associated. Close Relatives. Under the Philadelphia rules, a close relative is defined as a parent, spouse, life partner, child, sibling or like in-law.

Businesses and Non-Profits. Under state law, the term “business with which he is associated” is defined as “Any business in which the person or a member of the person’s immediate

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family is a director, officer, owner, and employee or has a financial interest.” 65 Pa.C.S. § 1102. The state law has been interpreted by the Courts to include non-profits in the definition of business. Therefore, state law prohibits Council staff members from having a conflict of interest with a non-profit in which you are a director, officer, owner, or employee or if you have a financial interest in the non-profit. Disclosure and Disqualification. If a conflict of interest should arise through no fault of the staffer, a Council staff member must disclose the conflict and disqualify him or herself from taking any official action on the matter. Disclosure and disqualification procedures are outlined at The Philadelphia Code, Section 20-608. Note that the procedure for Council members is different from staff members. City Contracts. Additionally, the City Charter prohibits City employees from having a financial interest in City contracts, regardless of whether or not your work duties are involved. Seek guidance if you think you may have a conflict of interest.

E. Post-Employment Restrictions

The state law prohibits a former “public employee” from representing anyone for pay before their former governmental employer for one-year after resignation. Certain high-level public employees have a two-year restriction. This rule only applies to “public employees’ who are defined under state regulations as: ”[A]n individual who is employed by the Commonwealth or a political subdivision and who is responsible for taking or recommending official action of a no ministerial nature with regard to one or more of the following: 1. Contracting or procurement. 2. Administering or monitoring grants or subsidies. 3. Planning or zoning. 4. Inspecting, licensing, regulating or auditing a person. 5. Other activities in which the official action has greater than a de-minims economic impact The State Ethics Commission has opined that all attorneys fit within the definition of a “public employee.” If you are required to file a Statement of Financial Interests then you are a public employee. The City Charter also has some post-employment restrictions dealing mainly with matters in which you participated as part of your public job duties.

IV. EQUAL EMPLOYMENT POLICY

The City Council of Philadelphia has been and remains committed to the principle and practice of equal employment opportunity for all persons without regard to race, color, religion, age, sex, sexual orientation, ancestry, national origin, handicap, or disabled or Vietnam-era veteran status, consistent with job qualifications and safe performance of work requirements.

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City Council seeks to recruit, hire, and place into available jobs qualified persons and to administer personnel matters such as compensation; benefits; promotion; transfer; training; layoffs; discipline; termination. All employees are expected to deal fairly and courteously with one another to ensure a work environment free of intimidation and harassment. Ethnic, racist, or sexist slurs or other personal derogation not related to legitimate factors concerning work are offensive and unacceptable employee behavior. Sexual harassment is also a form of unlawful and unacceptable sex discrimination and includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Any employee who violates this policy commits misconduct for which appropriate discipline may be imposed, up to and including termination. Any employee who believes he/she has been subjected to unlawful discrimination or harassment should make a complaint to his/her immediate supervisor or, if appropriate, a superior officer or file a grievance in writing. Employees are encouraged to contact Council’s Human Resources Director’s office for information on making complaints or filing grievances.

V. POLICY AGAINST WORKPLACE HARASSMENT The City of Philadelphia is committed to providing a work environment for all employees that is free from sexual harassment and other types of discriminatory harassment. Employees are expected to conduct themselves in a professional manner and to show respect for their co‐workers. The City’s commitment begins with the recognition and acknowledgment that sexual harassment and other types of discriminatory harassment are, of course, unlawful. To reinforce this commitment, The City of Philadelphia has developed a policy against harassment and a reporting procedure for employees who have been subjected to or witnessed harassment. This policy applies to all work‐related settings and activities, whether inside or outside the workplace, and includes business trips and business‐related social events. The City’s property (e.g. telephones, copy machines, facsimile machines, computers, and computer applications such as e‐mail and Internet access) may not be used to engage in conduct that violates this policy. For more info on City Council’s and The City of Philadelphia’s workplace policies click the following link. http://www.phila.gov/personnel/FAQs.html

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CONTACTS

For more information on any of the items in this Employee Guide please contact: Director of Human Resources Director of Administrative Services Linda Rios Neuby Mary-Ellen Milovsky (215) 686-3405 (215) 686-2168 [email protected] [email protected]