City of saco

Employee Handbook2021

5

This page was intentionally left blank.

1

Table of Contents

SECTION 1: INTRODUCTION ......................................................................................................6

1.1 WELCOME MESSAGE ..............................................................................................................6 1.2 PURPOSE STATEMENT ...........................................................................................................6 1.3 BACKGROUND AND VISION ...................................................................................................7 1.4 CODE OF ETHICS/CONDUCT ..................................................................................................7

SECTION 2: EQUAL OPPORTUNITY AND INCLUSIVITY .........................................................9

2.1 EQUAL OPPORTUNITY EMPLOYMENT .................................................................................9 2.2 COMMITMENT TO DIVERSITY ..............................................................................................9 2.3 IMMIGRATION LAW COMPLIANCE .....................................................................................9 2.4 ADA AND REASONABLE ACCOMMODATION ......................................................................9 2.5 NON-BULLYING POLICY ...................................................................................................... 10 2.6 HARASSMENT POLICY ......................................................................................................... 11 2.7 UNLAWFUL DISCRIMINATION ........................................................................................... 12 2.8 COMPLAINT PROCEDURE ................................................................................................... 12 2.9 WHISTLEBLOWER POLICY ................................................................................................. 13 2.10 RELIGIOUS ACCOMMODATION POLICY ........................................................................ 14

SECTION 3: EMPLOYMENT RELATIONSHIP ......................................................................... 15

3.1 RECRUITMENT ...................................................................................................................... 15 3.2 NEPOTISM ............................................................................................................................... 15 3.3 EMPLOYMENT CLASSIFICATION ...................................................................................... 16 FAIR LABOR STANDARDS ACT JOB CLASSIFICATIONS ............................................................................... 16 CITY JOB CLASSIFICATIONS ........................................................................................................................ 16 3.4 PROBATION ............................................................................................................................ 17 3.5 REHIRED EMPLOYEES ......................................................................................................... 17 3.6 LATERAL TRANSFERS .......................................................................................................... 17 3.7 PERFORMANCE EVALUATIONS ......................................................................................... 17 3.8 PERSONNEL FILES ................................................................................................................ 18 3.9 SEPARATION FROM EMPLOYMENT .................................................................................. 18 REFERENCES ............................................................................................................................................... 18

SECTION 4: DISCIPLINE AND DISPUTE RESOLUTION ......................................................... 19

4.1 DISCIPLINE ............................................................................................................................. 19 4.2 GRIEVANCE PROCEDURE ................................................................................................... 20

SECTION 5: WORKPLACE HEALTH AND SAFETY ................................................................ 21

2

5.1 LACTATION ACCOMMODATION POLICY ........................................................................ 21 5.2 WORKPLACE SAFETY .......................................................................................................... 21 5.3 DRUG AND ALCOHOL POLICY............................................................................................ 22 5.4 TOBACCO FREE ENVIRONMENT........................................................................................ 22 5.5 WORKPLACE THREATS AND VIOLENCE .......................................................................... 22 5.6 INFECTIOUS DISEASE AND EXPOSURE CONTROL POLICY ........................................... 23

SECTION 6: WORKPLACE GUIDELINES .................................................................................. 29

6.1 ATTENDANCE AND PUNCTUALITY .................................................................................... 29 6.2 PROFESSIONAL APPEARANCE ........................................................................................... 29 6.3 JEWELRY AND TATTOOS .................................................................................................... 30 6.4 FRAGRANCE-FREE WORKPLACE ...................................................................................... 30 6.5 CONFIDENTIALITY AND SECURITY .................................................................................. 30 6.6 OUTSIDE EMPLOYMENT...................................................................................................... 31 6.7 CONFLICT OF INTEREST ..................................................................................................... 31 6.8 GIFTS AND GRATUITIES ...................................................................................................... 31 6.9 POLITICAL ACTIVITY .......................................................................................................... 31 6.10 SOLICITATION ..................................................................................................................... 32 6.11 CELL PHONE USAGE ........................................................................................................... 32 6.12 CITY VEHICLES, EQUIPMENT, AND MATERIALS .......................................................... 33

SECTION 7: WAGE AND HOURS OF WORK ............................................................................ 34

7.1 NON-UNION WAGE CLASSIFICATION SYSTEM ................................................................ 34 7.2 HOURS OF WORK AND REST PERIODS ........................................................................... 34 7.3 TELEWORK ............................................................................................................................ 34 7.4 OVERTIME PAY AND NON-UNION COMPENSATORY TIME ........................................... 34 7.5 PAY AT SEPARATION ........................................................................................................... 35 7.6 PAY DAYS AND DEDUCTIONS ............................................................................................. 35 7.7 TIMECARDS AND TIME CLOCK .......................................................................................... 36 7.8 EMERGENCY CLOSINGS ...................................................................................................... 36 7.9 INCLEMENT WEATHER ....................................................................................................... 36

SECTION 8: HOLIDAYS .............................................................................................................. 37

SECTION 9: EMPLOYEE LEAVE ................................................................................................ 38

9.1 VACATIONS ............................................................................................................................ 38 EARNED PAID LEAVE ...................................................................................................................... 39 9.2 SICK LEAVE ............................................................................................................................ 39 9.3 PARENTAL LEAVE ................................................................................................................. 40 9.4 PERSONAL DAYS – NON-UNION .......................................................................................... 40 9.5 MILITARY LEAVE ................................................................................................................. 40 MILITARY LEAVE WITH PAY ....................................................................................................................... 40

3

MILITARY LEAVE WITHOUT PAY ................................................................................................................ 41 RE-EMPLOYMENT ....................................................................................................................................... 41 9.6 JURY AND WITNESS DUTY LEAVE ...................................................................................... 42 9.7 LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE ............................................................. 42 9.8 BEREAVEMENT LEAVE ........................................................................................................ 43 9.9 FAMILY MEDICAL LEAVE ................................................................................................... 43 FEDERAL FMLA (FAMILY MEDICAL LEAVE ACT) ..................................................................................... 43 MAINE FAMILY MEDICAL LEAVE ............................................................................................................... 46

SECTION 10: HEALTH BENEFITS .............................................................................................. 49

10.1 HEALTH INSURANCE ................................................................................................................ 49 INSURANCE OPT-OUT ................................................................................................................................. 49 VISION AND DENTAL INSURANCE ............................................................................................................... 49 10.2 SHORT TERM AND LONG-TERM DISABILITY ................................................................ 49 10.3 LIFE INSURANCE ................................................................................................................. 50 10.4 WORKERS’ COMPENSATION .......................................................................................... 50 FAMILY MEDICAL LEAVE ACT (FMLA) ..................................................................................................... 51 BENEFIT PREMIUMS .................................................................................................................................... 51 ACCRUAL OF VACATION, SICK AND HOLIDAYS ......................................................................................... 51 WAITING PERIOD ........................................................................................................................................ 51 SUPPLEMENTAL PAY ................................................................................................................................... 52 PARTICIPATION IN THE MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) ...................... 52 DISPUTED WORKERS’ COMPENSATION CLAIMS ......................................................................................... 52 RETURN TO WORK ...................................................................................................................................... 52 MODIFIED DUTY ......................................................................................................................................... 52 10.5 EDUCATION AND TRAINING BENEFITS .......................................................................... 53

SECTION 11: RETIREMENT ....................................................................................................... 55

APPENDIX A: COUNCIL ADOPTED POLICIES ........................................................................ 56

• CODE OF ETHICS/CONDUCT ....................................................................................................... 56 • SOCIAL MEDIA POLICY .............................................................................................................. 56 • VEHICLE USE POLICY ................................................................................................................ 56 • ACCEPTABLE USE OF CITY-ISSUED DEVICES .............................................................................. 56 • EARNED PAID LEAVE ................................................................................................................. 56

APPENDIX B: CITY REIMBURSEMENT POLICY ..................................................................... 57

APPENDIX C: SUBSTANCE TESTING PROCEDURE ............................................................... 60

APPENDIX D: TELECOMMUTING POLICY ............................................................................. 66

4

CITY OF SACO EMPLOYEE ACKNOWLEDGEMENT FORM ................................................. 68

6

SECTION 1: INTRODUCTION

1.1 WELCOME MESSAGE

Welcome to the City of Saco, a city that is Friendly by Nature.

Saco's employees take on an extremely important role in providing quality government services to the members of our community. We take pride in our reputation for providing excellent customer service and delivering services to the public both effectively and efficiently. Municipal jobs are some of the most satisfying and rewarding work anyone could choose to do.

Being an employee of the City of Saco puts you in a unique position of trust. It is important that you fully understand the emphasis the city places on maintaining the public’s trust in the city and its employees. The City of Saco expects that you will conduct yourself, personally and professionally, in a manner that will maintain that trust. Gender Neutral Language Wherever possible, gender pronouns have been replaced to eliminate references to gender in terms that describe people. It is intended to describe all employees in the job classifications. 1.2 PURPOSE STATEMENT This Handbook provides guidelines to aid all employees of the City of Saco in understanding working conditions, policies, benefits, and procedures that relate to their employment with the City. The information contained in this handbook applies to all employees of the City of Saco, unless otherwise indicated in a Collective Bargaining Agreement. The Handbook is a summary of our policies, which are presented here only as a matter of information. The policies within this handbook do not apply to school department employees, elected City officials, or appointed members of City boards. These policies and procedures are not intended and do not constitute a binding employment contract with any individual or group of employees. As an employee of the City, you are responsible for reading, understanding, and complying with the provisions of this Handbook. Each employee will be provided a copy of the Handbook and will be required to sign the Employee Acknowledgement Form on the last page of the Handbook. A copy of the Handbook will be available online on the Human Resources page of the City’s website at www.sacomaine.org, as well as accessible on the City’s internal SharePoint site which will be the most current version and reflect any changes that are made, as the City deems appropriate and necessary and approved by Council.

7

In addition, conflicts, or changes in local, state, or federal laws take precedence over the contents of personnel policies, whether those changes have or have yet to be incorporated into the Handbook.

This Handbook supersedes all previous employee handbooks, memos, and individual policies that have been issued on subjects covered in this handbook. No individual supervisor or department head has the authority to change the policies of this Handbook at any time. If there are any inconsistencies between this Handbook and any city ordinance, the city ordinance will take precedence.

1.3 BACKGROUND AND VISION The City of Saco, Maine, with a population of over 19,000, is the seventh largest city in the State of Maine. Saco is home to a growing population of residents, a revitalized and repurposed mill district, a world-class education system, a picturesque downtown, a thriving economy, and many recreational opportunities. Saco is located in coastal southern Maine, a relatively prosperous area of an otherwise less prosperous northern New England state.

City’s Vision Statement . . . Our vision is a high quality of life for Saco citizens and central to this vision is a sustainable economy that offers an opportunity for everyone to have rewarding employment and for business to prosper, now and in the future. The people of Saco bring this vision into reality by working together and building on our tradition of hard work, dedication, and ingenuity.

The City of Saco is incorporated as a municipal government and a non-profit organization, with a Mayor-Council-Manager form of government. The Mayor serves three (3) year terms and seven (7) City Councilors are elected for staggered terms. The Mayor and City Council appoint the City Administrator, who manages thirteen (13) distinct operational departments. The City Administration also acts as the liaison between the mayor and council, and city employees. Delivery mechanisms for services vary by department, and each department has its own unique mission relative to its service area.

1.4 CODE OF ETHICS/CONDUCT The City of Saco is committed to the highest ethical standards and practices, protecting employees, partners, volunteers, elected and appointed officials, vendors, and the organization from unethical, illegal, or damaging actions and statements by individuals, either knowingly or unknowingly. When the City of Saco acts in an ethical manner, addresses issues proactively, and uses best business judgment and practices, it establishes a positive reputation and protect the interests of our Citizens.

The purpose of this policy is to establish a culture of transparency, openness, trust, fairness, equity, and to emphasize the employee’s, citizens’, and committee member’s expectation to be treated ethically and with fair business practices. This policy will serve to guide behavior and to ensure ethical conduct throughout City government, operations, and in municipal facilities. Effective ethics is a team effort involving the participation

8

and support of every City of Saco employee as well as all appointed or elected officials. All committee members and employees should familiarize themselves with the ethics guidelines as described herein. Commitment to Ethics and Proper Conduct The City of Saco employees, volunteers, and elected and appointed officials will treat everyone fairly, with mutual respect, promote a team environment, and will consistently avoid the intent and appearance of unethical or compromising practices.

• Employees shall not act unethically or illegally at any time during their employment.

• Every employee and volunteer need to apply effort and intelligence in maintaining ethics.

• Employees and volunteers must, always, disclose any potential conflict of interests that may arise regarding their position or duties with the City of Saco.

• Employees and volunteers will help the City of Saco to increase citizen, public, and vendor satisfaction by providing quality services and timely response to inquiries.

• Employees and volunteers should consider the following questions to themselves when any decision, action or behavior may violate this Code, or otherwise appear unethical:

o Is the decision, action, or behavior legal? o Does the decision, action, or behavior comply with all appropriate City of

Saco policies? o Does the decision, action, or behavior reflect negatively upon City of Saco

values and culture? o Could the decision, action, or behavior adversely affect the City or our

Citizen’s interests, and position the city in a compromising legal position? o Could the decision, action, or behavior adversely affect the City or our

Citizen’s interests, and position the city in a compromising financial position?

o Would you feel personally concerned if the decision, action, or behavior appeared in a news headline?

The City of Saco will not tolerate wrongdoing or impropriety at any time. The City of Saco will take appropriate measures if an ethical code is broken. The City of Saco will establish an ethics violation reporting mechanism to make sure the ethical code is followed by all employees and volunteers, and that concerns regarding a potential code violation can be addressed.

9

SECTION 2: EQUAL OPPORTUNITY AND INCLUSIVITY

2.1 EQUAL OPPORTUNITY EMPLOYMENT As an Equal Opportunity Employer, the City of Saco is committed to providing an environment of mutual respect where equal employment opportunities are available to all and where employees can work in an environment free from discrimination and harassment. The policy of the City is to provide equal opportunity to all employees, applicants, and those seeking promotions without regard to race, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, past or present military service, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, family medical history or genetic information, family or parental status, or any other status protected by the laws or regulations in the locations where we operate. Employees with questions or concerns about discrimination in the workplace are encouraged to bring these issues to the attention of the Human Resources Department or the City Administrator. Employees can raise concerns and make reports without fear of reprisal or retaliation. Anyone found to be engaging in unlawful discrimination may be subject to disciplinary action, including termination of employment. 2.2 COMMITMENT TO DIVERSITY The City of Saco is committed to creating and maintaining a workplace in which all employees have an opportunity to participate and contribute to the success of the organization and are valued for their skills, experience, and unique perspectives. This commitment is embodied in company policy and the way we do business at the City of Saco and is an important principle of sound business management. 2.3 IMMIGRATION LAW COMPLIANCE The City of Saco employs only United States citizens and non-United States citizens authorized to work in the United States in compliance with the Immigration Reform and Control Act of 1986. Each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if their previous I-9 is no longer retained or valid. If the State of Maine or the federal government enacts any more stringent immigration requirements, the city will comply immediately, and without prior notice, with such standards. 2.4 ADA AND REASONABLE ACCOMMODATION It is the policy of the City of Saco to provide reasonable accommodations for qualified individuals with disabilities. Federal law (the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990) and state law (the Maine Human Rights Act) establish the rights of individuals with disabilities. The essential functions of a job need not be modified to accommodate an individual with a disability.

10

Any individual with a disability who believes they have been subjected to discrimination based on a disability may discuss the complaint with a supervisor and/or may file a grievance with the Human Resources Department. It is unlawful for the city, its employees, contractors, or grantees to retaliate against anyone who files a complaint or cooperates in the investigation of a complaint. Questions, concerns, complaints, or requests for additional information regarding this notice may be forwarded to the Human Resources Department. 2.5 NON-BULLYING POLICY The purpose of this policy is to communicate to all employees, including the elected officials, that the City will not in any instance tolerate bullying behavior. Employees found in violation of this policy will be disciplined, up to and including termination. The city defines bullying as repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment. Examples: Bullying may be intentional or unintentional. However, it must be noted that when an allegation of bullying is made, the intention of the alleged bully is irrelevant, and will not be given consideration when issuing out discipline. As in sexual harassment, it is the effect of the behavior on the individual that is important. The city considers the following types of behavior examples of bullying:

• Verbal bullying: Slandering, ridiculing, or maligning a person or his or her family; persistent name calling that is hurtful, insulting or humiliating; using a person as butt of jokes; abusive and offensive remarks.

• Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person’s work area or property.

• Gesture bullying: Nonverbal threatening gestures; glances that can convey threatening messages.

In addition, the following examples may constitute or contribute to evidence of bullying in the workplace:

• Shouting at in public or in private. • Using obscene language or gestures. • Not allowing the person to speak or express himself or herself (i.e., ignoring or

interrupting). • Personal insults and use of offensive nicknames. • Public humiliation in any form. • Constant criticism on matters unrelated or minimally related to the person’s job

performance or description. • Ignoring or interrupting an individual at meetings. • Public reprimands. • Spreading rumors and gossip regarding individuals; or • Encouraging others to disregard the Superintendent’s or designee’s instructions.

11

Bullying is NOT: • Expressing differences of opinions. • Offering constructive feedback, guidance, or advice about work-related behavior; or • Reasonable action taken by an employer or supervisor relating to the management and

direction of employees or place of employment (i.e., managing an employee’s performance, taking reasonable disciplinary actions, assigning work).

The City is committed to preventing bullying prohibited by this policy through education and dissemination of information as well as employee accountability. Such harassment may be reported by any employee, regardless of whether that employee is the recipient of the bullying, a witness or otherwise becomes aware of bullying prohibited by this policy. Complaints may be filed by contacting any of the following individuals:

• Supervisor • Department Head • City Administrator • Human Resources

2.6 HARASSMENT POLICY It is the policy of the City of Saco to maintain a work environment free from all forms of harassment, intimidation, and discrimination. Harassment is prohibited in connection with any employee activity including, but not limited to, relations with other employees, supervisors, prospective employees, clients, vendors, City officials, or members of the public. Any allegation of harassment will be promptly investigated. Therefore, the City of Saco strictly prohibits and does not tolerate any type of harassment, sexual or otherwise, in the form of unwelcome or unwanted verbal, physical, or visual conduct of its employees based on the protected characteristics of race, gender, marital status, pregnancy, national origin, age, religion, sexual orientation, disability, citizenship, veterans’ status, or any other characteristic protected by law. Sexual harassment is a form of employment discrimination and is illegal under both federal and state law. The City of Saco will not tolerate retaliation or discipline against any employee who files a complaint of harassment or who cooperates in any investigation of a complaint of harassment.

Sexual and other types of harassment may take many forms. These forms include, but are not limited to:

A. Offensive verbal conduct such as remarks, comments, jokes, slurs, lyrics, or sexually explicit conversation.

B. Offensive material, including sexually explicit pictures or objects, cartoon drawings, photographs, or other communications, including videotape, e-mail, internet programs, blogs, or websites.

C. Offensive physical conduct, or sexual advances, including touching; and D. Sexually degrading words used to describe an individual.

12

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 (quid pro quo).

B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions which affect that individual; or

C. Such conduct substantially interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment (hostile work environment).

Verbal conduct alone may constitute harassment. The effect of the harassing activity, not the harasser’s intent, may make the conduct actionable harassment. Unwelcome sexual advances need not occur at work to be unlawful: if the harassing activity creates a hostile or offensive work environment, the activity may constitute actionable harassment regardless of where it occurs.

2.7 UNLAWFUL DISCRIMINATION The Civil Rights Act of 1964 prevents discrimination in the workplace. Any discrimination based on a protected class status is illegal with regard to race, religion or belief, national origin, social origin, or ethnic origin, sex (including pregnancy), age (over 40) physical, mental or sensory disability, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, family medical history or genetic information, family or parental status, whistleblower status as well as arrest and court record and any other status protected by state and federal law. All such complaints will be addressed and, if necessary, appropriate action will be taken. Employees should report any discrimination immediately to any Department Director, Human Resources, or the City Administrator, and are protected from retaliation in any form. All complaints of retaliation will be investigated, and prompt remedial action will be taken. Any report of alleged harassment or discrimination that is made in a knowingly false or clearly frivolous manner is prohibited, will not be tolerated, and will be appropriately addressed should it occur, including possible disciplinary action.

2.8 COMPLAINT PROCEDURE If you believe that you are being subjected to any type of harassment or if you have any concerns about harassment, the process is noted below:

A. Document If possible, document or otherwise record any incident of alleged harassment, including the date, time, place, details of what has been said or done, who was present, and the surrounding circumstances.

13

B. Communicate If you are comfortable doing so, clearly, and directly communicate to the offending individual that their conduct is offensive and unwelcome, and request that the behavior stop. However, this step is not required.

C. Report You should immediately bring the matter to the attention of your supervisor. However, if your supervisor is somehow involved in the harassment, unavailable, or if you are uncomfortable talking to that person; you should report this matter to the Human Resources Department at (207)710-5037; the City Administrator at (207) 282-4191, or to another supervisor with whom you feel comfortable.

There will be no retaliation against any employee who files a complaint of discriminatory behavior or participates in any proceedings concerning harassment. Any person found to have retaliated against another individual for reporting harassment will be subject to disciplinary action, up to and including termination of employment. We take allegations of sexual and other harassment and retaliation very seriously. We will work with you to resolve your complaint promptly and fairly. Directors and supervisors are responsible for monitoring conduct, which can be construed to be harassment and for initiating necessary action to eliminate such behavior. All information will be held in confidence and will be discussed only with those who have a need to know to either investigate or resolve the complaint. We will seek to keep any information obtained as confidential as possible, although confidentiality cannot be assured. If you believe that you are being harassed, you also have the right to file a complaint with the Human Rights Commission (MHRC) within six months of the unlawful act or unlawful discrimination. To file a charge or obtain more information on the procedure, you may contact the Commission at (207) 624- 6050 or by mail at:

Human Right Commission 51 State House Station

Augusta, ME 04333-0051 2.9 WHISTLEBLOWER POLICY The City of Saco encourages its employees to report illegal, unethical or violation of City policies and procedures by City officers, or employees and protects City employees who report improper government actions. Any employee who is aware of a violation of the law; or a condition or practice that risks any person’s health and/or safety; is required to immediately report the circumstances to the Human Resources Department or to the City Administrator. Employees must provide information about the issue and allow a reasonable time for it to be corrected. The employee will be requested to provide a detailed report in writing. The City will investigate the report promptly and act promptly to take any necessary remedial action. Employees who report any violations are protected from retaliation from all other employees

14

and supervisors. Violations of this policy may result in appropriate disciplinary action, up to and including discharge. 2.10 RELIGIOUS ACCOMMODATION POLICY The City of Saco respects the religious beliefs and practices of all employees and will make, on request, an accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship for the City.

An employee whose religious beliefs or practices conflict with their job, work schedule, or with the City of Saco’s policy or practice on dress and appearance, or with other aspects of employment, and who seeks a religious accommodation must submit a written request for the accommodation to their immediate supervisor. The written request will include the type of religious conflict that exists and the employee’s suggested accommodation. The immediate supervisor will evaluate the request considering whether a work conflict exists due to a sincerely held religious belief or practice and whether an accommodation is available that is reasonable and that would not create an undue hardship on the City. An accommodation may be a change in job, using paid leave or leave without pay, allowing an exception to the dress and appearance code that does not affect safety or uniform requirements, or for other aspects of employment. Depending on the type of conflict and suggested accommodation, the supervisor may confer with the Department Director and with the Human Resources Department.

The supervisor and employee will meet to discuss the request and decision on an accommodation. If the employee accepts the proposed religious accommodation, the immediate supervisor will implement the decision. If the employee rejects the proposed accommodation, the employee may appeal following the company’s general grievance policy and procedure.

15

SECTION 3: EMPLOYMENT RELATIONSHIP

3.1 RECRUITMENT The City of Saco believes hiring well-qualified individuals to fill positions contributes to the city’s overall success. All applicants must submit an application, resume, and a letter of intent to the Human Resources Department. All employees must submit to a background check prior to employment. All offers of employment are contingent on satisfactory results from required background checks, reference checks, and other required tests. As a condition of employment, the City requires a pre-employment physical exam by a physician of the City’s choice at the City’s expense. Current employees with a satisfactory employment status may apply for internal job openings. For nonunion positions, the position will be posted internally for five (5) business days, followed by an external posting. Depending on circumstances, the City Administrator may waive the five (5) day internal posting and authorize a simultaneous external posting of the position. Current employees will be given first consideration in filling a vacancy if they meet the required job qualifications, relevant experience, skills, and standards for satisfactory work performance. The city is committed to providing an equitable and competitive compensation package that will attract and retain well-qualified employees. 3.2 NEPOTISM The employment of relatives in the same area of an organization may present a conflict of interest. In addition to claims of partiality at work, conflicts from outside the work environment can be carried into the city. To that end, relatives of those currently employed by the city may be hired only if they will not supervise or be supervised by a relative. Current employees may not be promoted, advanced, or transferred into a position where they will supervise or be supervised by a relative.

For the purposes of this policy the term “relative” shall include the following relationships: relationships established by blood, marriage, or legal action. Examples include the employee’s: spouse, mother, father, son, daughter, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in- law, daughter-in-law, stepparent, stepchild, aunt, uncle, nephew, niece, grandparent, grandchild, or cousin. The term also includes domestic partners (a person with whom the employee’s life is interdependent and who shares a common residence) and a daughter or son of an employee’s domestic partner.

In the event a supervisor/manager develops a personal relationship with a subordinate in the course of employment at the city, those employees should report it to the City Administrator, and every effort will be made to change the supervision for purposes of hiring, firing, promotions, and discipline.

16

3.3 EMPLOYMENT CLASSIFICATION It is the intent of the City to clarify the definitions of employment classifications so that employees understand their employment status and benefits eligibility. These classifications do not guarantee employment for any specified period.

Fair Labor Standards Act Job Classifications

All employees are designated as either nonexempt or exempt under state and federal wage and hour laws: Nonexempt employees are employees whose work is covered by the Fair Labor Standards Act (FLSA). They are not exempt from the law's requirements concerning minimum wage and overtime. Exempt employees are generally executives, managers, professional, administrative, or outside sales staff who are exempt from the minimum wage and overtime provisions of the FLSA. Exempt employees hold jobs that meet the standards and criteria established under the FLSA by the U.S. Department of Labor. City Job Classifications

A. Regular Full-time: A regular full-time position shall be year-round in nature with no

predetermined end date and scheduled to work no less than 30 hours per week. Regular full-time employees are eligible for the City’s benefit package, except where otherwise provided for in a collective bargaining agreement, and are subject to the terms, conditions, and limitations of each benefit program starting on the first of the month following the hiring date.

B. Regular Part-Time: A regular part-time position shall be year-round in nature with no predetermined end date and schedule to work at least 20 hours per week, but less than 30 hours per week. Benefits eligibility will be on a pro-rated basis.

C. Variable Hour Part-Time: Variable hour part-time employees work less than 20 hours per week and typically do not work a consistent schedule from week to week. Unlike Temporary Employees, these positions are generally actively employed on a year-round basis and are generally not entitled to benefits except those mandated by law.

D. Temporary and Seasonal: Temporary employees work on a non-regular basis for a limited assignment not to exceed six months, usually with a predetermined end date. Full-time and part-time seasonal employees, as designated by the State of Maine, are included in this classification. Employees in this classification must be rehired for each separate period of employment. Temporary employees are not entitled to benefits, except those benefits mandated by law.

17

3.4 PROBATION The probationary period for all employees will last for six months from the date of hire, except as otherwise provided by law or collective bargaining agreement. During the probationary period, the Department Head or designee shall conduct an evaluation at or before the completion of six months of employment. During this time, employees can evaluate the work environment and management can evaluate the employee. During the probationary period, the Department Head, with the approval of the City Administrator, may at any time remove an employee who is unable or unwilling to perform the duties of the position satisfactorily or whose work habits and dependability did not merit the continuance of service. Such a removal will not be subject to review or appeal. The probationary period may be extended more than once at the City’s sole discretion, and it also applies at the time of transfer, reassignment, or promotion. Employees who successfully complete the probationary period become regular full-time or regular part-time employees.

3.5 REHIRED EMPLOYEES

A. Rehiring: Any City employee resigning from the City may apply for employment as positions with the City become available. However, any former employee must meet all the identified qualifications set forth for a particular vacancy before filing an application. A rehired employee shall not be entitled to any benefits or accruals from their previous service and shall be subject to a stipulated probationary period of six (6) months.

B. Retire/Rehire: For employees who have been retired through the Maine State Retirement System and are hired in the City of Saco, the employee will be responsible for the rehire/retire contributions as determined by MainePERS. A rehired employee shall not be entitled to any benefits (unless otherwise required by law) or accruals from their previous service and shall be subject to a stipulated probationary period of six (6) months.

3.6 LATERAL TRANSFERS The City Administrator or designee may approve a wage and/or vacation accrual rate that considers years of relevant work experience and education during the hiring process. 3.7 PERFORMANCE EVALUATIONS The City Administrator or designee shall be responsible for the development and implementation of an employee evaluation system. The employee evaluation shall apply to all employees. The City Administrator shall conduct an annual employee evaluation of each department head and staff within Administration. Each department head shall, in conjunction with the City Administrator, conduct annual employee evaluations of each regular full-time and regular part-time employee in their department through the development of a department level policy. Once

18

completed, the evaluation form shall be signed by the evaluated employee and shall be filed in the employee’s Human Resources personnel record as a permanent document. 3.8 PERSONNEL FILES Personnel records are maintained for all employees of the city. Employee personnel files are considered confidential documents. Only those persons with the right to know or the need to know may have access to the personnel files in accordance with Maine State Statute: https://legislature.maine.gov/statutes/26/title26sec631.html and https://legislature.maine.gov/statutes/1/title1sec402.html. An employee may review their file, in the presence of a Human Resources staff member by appointment. Employees must submit a written request to view their personnel records and set up an appointment for such a review in advance. The Americans with Disabilities Act (ADA) requires employers to protect employee medical records as confidential. These employee medical files are stored in Human Resources in a safe, locked, inaccessible location. No department is to retain any employee’s medical information. It is the responsibility of employees to promptly notify their supervisor and the Human Resources Department of any changes in personal data such as:

• Name Change • Telephone/Cell Number • Physical Address/Mailing Address • Dependent status change • Emergency contacts

3.9 SEPARATION FROM EMPLOYMENT In the case of voluntary resignation initiated by the employee, employees are asked to provide a written notice to their supervisors at least 10 working days in advance of the last day of work. Department Heads shall give a written four-week notice. Employees who provide the requested amount of notice will be considered to have resigned in good standing and generally will be eligible for rehire. In most cases, Human Resources will conduct an exit meeting on or before the last day of employment to collect all company property and to discuss final pay. If applicable, information regarding benefits continuation through the Consolidated Omnibus Budget Reconciliation Act (COBRA) will be sent to the employee’s home address. References It is the City’s policy to only provide date of hire, date of termination or resignation, title, and terms of employment to potential future employers. All requests for references about current, retired, or terminated employees must be referred to the Human Resources Department. No supervisor is authorized to give information about current or former employees without the prior approval from Human Resources.

19

SECTION 4: DISCIPLINE AND DISPUTE RESOLUTION

Whenever, in the supervisor’s judgment, employee performance, attitude, work habits, or personal conduct is unsatisfactory, the supervisor shall inform the employee promptly and specifically of such lapses. Supervisors should avoid waiting for a scheduled performance evaluation to discuss deficiencies and should provide counsel and assistance to employees with the goal of correcting the work or behavior. If appropriate and justified, a reasonable period for improvement may be allowed before initiating disciplinary action. Supervisors may utilize various tools to assist employees in improving their performance, including assigning additional training, implementing performance improvement plans, etc.

4.1 DISCIPLINE The City generally follows the principles of progressive discipline; however, City Administrator and/or Department Heads may determine the appropriate level of discipline, taking into consideration the incident, as well as local, state, and federal laws, and rules and/or guidelines.

A. Disciplinary action may consist of the following:

1. Verbal Warning 2. Written Warning 3. Unpaid Suspension 4. Demotion 5. Dismissal

Unpaid suspension, demotion, and dismissal shall only be carried out with the prior knowledge of the Human Resources Director and authorization of the City Administrator. Employees shall be provided with advance notice of such action being contemplated, with a copy to the City Administrator, and a meeting shall be scheduled to provide the employee with an opportunity to respond to charges justifying discipline before an unpaid suspension, demotion, or dismissal is imposed. When prudent, a Department Head who recommends an employee for an unpaid suspension, demotion, or termination may initially place the employee on paid administrative leave pending a decision.

B. All discipline, including verbal warnings, must be documented appropriately. All final

disciplinary notices shall specify the action taken, the reason(s) therefore, and the extent and duration of the penalty. This notice shall be given to the employee at the time of the disciplinary action. Final written decisions of discipline are generally considered public records.

Any employee who feels that he/she has been treated unfairly shall have access to the grievance procedure as outlined below.

20

4.2 GRIEVANCE PROCEDURE A. Employees having complaints or problems related to department issues that do not fall

within the definition of grievance as outlined in this section are encouraged to first discuss the issue with their immediate supervisor. If the nature of the problem is such that the employee feels he/she cannot discuss it with their supervisor or Department Head, the employee may bring the matter directly to the Human Resources Director or City Administrator for further guidance.

B. The term “grievance” under this section means any dispute between an employee and management concerning the effect, interpretation, application, or claim of breach of violation of City of Saco Employment Rules and Regulations.

C. Every attempt should be made to resolve any dispute as soon as possible to the

satisfaction of all parties.

D. Steps in the grievance procedure shall be as follows:

1. Every reasonable effort should be made for an oral agreement between the individual and his/her supervisor or Department Head.

2. If an oral agreement is not reached, the aggrieved may within five (5) working days file a written complaint to the supervisor or Department Head. The Department Head or supervisor shall make a careful inquiry of the facts and circumstances of the complaint and shall decide of the merits of the complaints and give a written reply within five (5) working days.

3. If the individual is dissatisfied with the Department Head or supervisor’s

written decision, the aggrieved may, within five (5) working days, make a formal written appeal to the City Administrator. The City Administrator will, upon receipt of the written appeal, return a formal written decision within five (5) working days. In all cases the decision of the City Administrator will be final and binding.

21

SECTION 5: WORKPLACE HEALTH AND SAFETY

5.1 LACTATION ACCOMMODATION POLICY As part of our family-friendly policies and benefits, the City of Saco supports lactating mothers by accommodating their request to express milk during work hours. The employee will work with their supervisor and the Human Resources Department to determine how to best accommodate the needs of the mother while still maintaining job standards. For up to three years after the child's birth, the employee may use lunch and/or break times to express milk for her baby. The employee will be afforded a clean and private location, that is not a bathroom, for this purpose. If an employee needs to take more than the two paid, and one unpaid break for this purpose, the employee must use unpaid or personal time. To safely store the milk during the workday, a cooler with icepacks must be supplied by the employee and they must bring it home at the end of each workday. To ensure the sanitation and security of the milk, it may not be stored on site or in City equipment.

5.2 WORKPLACE SAFETY The City of Saco and its employees are committed to providing a safe working environment. The City’s goal is to minimize human injury or illness and property loss or business interruption caused by accidents, fire, or other hazards. All employees must adhere to all federal and state safety regulations and comply with the following general rules:

• All accidents or injuries must be reported to a supervisor immediately. • Horseplay and practical jokes in work areas will not be tolerated. • Employees are to be careful with their hands when operating any machinery and must

see to it that others do not harm themselves on their machines. • Shortcuts that jeopardize employee safety are not tolerated and will result in immediate

discipline.

State and Federal regulations require that mandatory safety trainings be held annually. Employees are expected to attend these trainings. If a training is scheduled during a time that is not convenient for the employee, the employee and/or Department Head must notify the Human Resources Department for an alternative training schedule. Each employee is expected to obey safety rules and exercise caution and common sense in all work activities. Employees must immediately report any unsafe conditions to their supervisor. Employees who violate safety standards, cause hazardous or dangerous situations, or fail to report, or where appropriate, remedy such situations, may be subject to disciplinary action including termination of employment. Employees are protected from reprisal or retaliation for reporting any safety issue. Employees are required to immediately report any work-related injury or accident they have sustained, informing their supervisor without delay (barring an emergency, in which case seek emergency care).

22

5.3 DRUG AND ALCOHOL POLICY Employees are not permitted to use, sell, transfer, possess, or be under the influence of alcohol or illegal drugs while anywhere on City premises, in or on City property, at any time on work duty or while doing City business, or on breaks. The City recognizes that Maine law legalized the use of certain amounts of marijuana for recreational and medical purposes. Marijuana is still an illegal substance under federal law. Employees are not permitted to use, sell, transfer, possess, or be under the influence of marijuana in any form, while anywhere on City premises, in or on City property, at any time on work duty or while doing City business, or on breaks. An employee may be presumed to be under the influence of marijuana if they have ingested marijuana in any form within four to six hours of starting work. Furthermore, employees must ensure that their persons and effects do not emit the odor of marijuana (or any other illegal drug or alcohol) in the workplace. Any employee using a prescription or over-the-counter medication that could interfere with job safety or job performance must notify Human Resources. Use of any prescription medication in a manner that presents a substantial risk to the safety of the employee or any other persons or renders an employee unable to perform the essential functions of their job (with or without reasonable accommodation) is not permitted. Any employee suspected of violating this policy will be promptly removed from their work area and work duties, and the matter will be investigated by or on behalf of the City. Any employee who suspects another employee of possessing, using, or being under the influence of alcohol or drugs in violation of this policy must immediately report to their Department Director or to Human Resources and cooperate in any subsequent investigation. An employee who is determined to have violated the Drug and Alcohol Policy is subject to discipline, up to and including, termination. An employee who uses drugs or alcohol off-duty in a way that adversely affects their job performance, including in a way that negatively undermines or affects their ability to function effectively with citizens or the public when that is a requirement or expectation of the employee’s position, is subject to discipline up to and including termination.

5.4 TOBACCO FREE ENVIRONMENT Smoking, vaping, and the use of any other tobacco products (cigarettes, e-cigarettes, hookahs, pipes, cigars, water pipes, vape pens, personal vaporizers, electronic nicotine delivery systems, smokeless tobacco, etc.) are not permitted within City-owned or leased vehicles or buildings including offices, hallways, restrooms, lunchrooms, elevators, meeting rooms, community areas, and garage facility per state and federal laws. For further information, see Chapter 199 of the Saco City Code.

5.5 WORKPLACE THREATS AND VIOLENCE The safety and security of employees of the City of Saco, and the public who conduct business in municipal buildings, is of paramount importance to the City. Therefore, threats, threatening behavior, or acts of violence against or by employees, visitors, guests, or other individuals on City property will not be tolerated. Any person who acts in a

23

violent or threatening manner, either verbal or physical in nature, will be removed from the premises as quickly as safety permits. At the City’s discretion, employees and/or members of the public may be barred from City premises pending the outcome of an investigation. Any employee who engages in such behavior may be suspended and/or terminated. It is the goal of the City to have a workplace free from acts or threats of violence. All City personnel are responsible for notifying their supervisor and/or the Human Resources Department of any threats that they have witnessed, received, or have been told that another person has witnessed or received. The City of Saco recognizes the sensitivity of information regarding threats or threatening behavior and will recognize and respect the privacy of the reporting employee(s) or citizen(s) to the extent permitted by the law.

5.6 INFECTIOUS DISEASE AND EXPOSURE CONTROL POLICY Purpose This is to establish the policy of the City of Saco for managing infectious disease issues as they relate to employees and/or prospective employees including but not limited to the following diseases: AIDS, Chickenpox, Hepatitis A, Hepatitis B, Impetigo, Measles, Mumps, Pertussis, and Parasitic Infestations. Any employee or volunteer who could or does come into contact with bodily fluids while performing his/her job as a City employee or volunteer, should immediately reference their respective Department’s Exposure Control Plan. Copies of the Exposure Control Plan are available in the City Administrator’s office, as well as in the Police, Fire/Rescue, Public Works, Wastewater, and Recreation Departments. Policy It is the policy of the City to ensure a safe and healthful work environment to the extent possible. It is also the policy of the City to ensure full compliance with state, federal, and local requirements dealing with infectious diseases. City procedures shall comply with the Center for Disease Control recommendations for specific infectious diseases. These recommendations will be available through the employee’s Department Head. It is the obligation of all City employees to take all reasonable precautions to protect themselves, co-workers, clients, and the public from infectious diseases. The City of Saco shall make the Hepatitis B vaccination series and post exposure evaluation and follow-up available to all employees and volunteers who have a reasonable risk of occupational exposure. Please reference the respective department’s Exposure Control Plan for detailed information on necessary procedure to follow. Our policy is to treat any medical information as a confidential medical record. In furtherance of this policy, any disclosure of medical information is in limited circumstances with those having a reasonable “need to know” including supervisors, managers, and government officials as required by law.

24

Procedures The City will not discriminate against employees and/or prospective employees with infectious diseases who are otherwise qualified to perform their job functions with reasonable accommodation. Employees with infectious diseases will be treated under existing policies, state, federal, and local requirements, and collective bargaining agreements. Where allowed by law, the City retains the right to test employees for infectious diseases. The City must maintain confidentiality regarding an employee’s health status, and does not have a duty to inform other individual or organizations unless required by law. Upon medical confirmation of an infectious disease that may be a threat to the public health, the affected employee has the responsibility to notify the City’s Human Resources Director, and to carry out his or her assigned duties if reasonable accommodations can be made. Upon notification by an employee that an infectious disease diagnosis has been confirmed and is a threat to the public health, the Human Resources Director will:

• Secure, if possible, all appropriate releases for information from the employee and notify those individuals for whom those releases have been acquired.

• Assist in the identification of reasonable accommodations to be made, if any.

• Assist individual departments, if necessary, in complying with this policy.

The City will treat all occupational infectious disease injuries or illnesses according to state law. The City will provide appropriate educational opportunities and current informational material on infectious disease issues, including prevention, protection, control measures, and treatment practices. Individual departments may develop protocols regarding infectious disease control provided that those protocols conform to this policy. An employee may not refuse to carry out his or her assigned duties when dealing with a co- worker or the public with an infectious disease, or presumed to have an infectious disease, unless that individual poses a direct threat to the employee. The term 'direct threat' is defined by the EEOC to mean a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. Employees concerned about their potential exposure to infectious disease in the workplace should speak to their Department Head and Human Resources Director first who will determine if a direct threat to the employee exists. If no significant risk is found to exist the employee will be informed and expected to carry out his or her assigned duties. Failure to adhere to this procedure may result in disciplinary action.

25

Accidental Needle Stick Procedure Police, fire, and rescue personnel have the highest risk of exposure to needles and syringes. Exposure to a used, contaminated needle places an employee at risk for contracting an infectious disease. In the event of an accidental puncture with a contaminated needle, the procedure is as follows:

• Wash the puncture site thoroughly with soap/disinfectant and water.

• Report the incident to your supervisor.

• Police, fire, or rescue personnel must notify the medical facility receiving the patient of the incident.

• Complete Incident and/or Workers Compensation forms.

• Establish your potential exposure risk to infectious diseases.

• Notify your Department Head to establish your: (1) tetanus status, (2) Hepatitis B status,

and (3) HIV exposure.

• Seek further medical attention if necessary. Procedure for Exposure to AIDS Infection

• If a City employee is exposed to the blood or body-fluid of a known or highly suspected AIDS infected person:

• Wash the exposed areas thoroughly with soap and water. Clean any spills with a one (1)

part bleach to ten (10) parts water solution.

• Report the incident to your supervisor.

• Complete the Incident and Workers Compensation forms.

• Notify your Department Head as soon as possible to schedule an appointment for a voluntary blood test. The blood test will be drawn within two weeks of the incident, six months later, and nine months later. The blood test is sent to the Maine Public Health Division. Results are received approximately one week later. You will be notified of the test results.

• If all three specimens are negative, you are considered not to be infected.

• Counseling occurs with each visit or when requested and is also available to family

members and co-workers.

• Emotional counseling is available through a counselor of the employee’s choice and to be provided by the City of Saco.

26

• Strict confidence will be maintained in all incidences unless appropriate medical and/or

information releases have been obtained. Epidemics and Pandemics In the event of a large-scale outbreak of a virus or other contagion the City will take proactive steps to protect the workplace and will follow guidelines issued by the Maine Governor’s Office, Maine Center for Disease Control, and United States Center for Disease Control. It is the goal of the City during any such time period to strive to operate effectively and ensure that all essential services are continuously provided and that employees are safe within the workplace. The nature, severity, and spread of an infectious disease outbreak may vary and will necessitate unique response plans to be developed for each situation and each department; however, the following general precautions will be taken in the event of a confirmed epidemic or pandemic that is reasonably likely to impact our community. Cleaning: Frequent cleaning of objects and areas that are frequently used, such as bathrooms, breakrooms, conference rooms, door handles and railings. Cleaning of vehicle and equipment touchpoints daily, including door handles, keys, steering wheel, gear shifter, seat belts, and dashboard. Cleaning is the responsibility of all employees during an infectious outbreak. Department Heads will be responsible for ensuring adequate cleaning supplies are available and that cleaning is being done regularly. Employees will need to review the applicable Safety Data Sheet (SDS), understand how to use the product safely and effectively, test the product on their work area, and wear any recommended personal protective equipment when cleaning. All secondary (refillable) containers in the workplace must be properly labeled with the product identifier. Handwashing: Employees and visitors will be asked to engage in frequent hand washing with warm, soapy water for at least 20 seconds. Coughs and sneezes should be covered with tissues and then hands washed thoroughly. Alcohol-based hand sanitizers are installed throughout the workplace and in common areas to supplement handwashing efforts and for use when handwashing is not possible. Staying Home When Ill: Many times, with the best of intentions, employees report to work even though they feel ill. The City provides paid sick time and other benefits to compensate regular employees who are unable to work due to illness. During an infectious disease outbreak, it is particularly critical that employees do not report to work while they are ill and/or experiencing symptoms consistent with the current outbreak of illness, or flu-like symptoms (e.g. fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills and fatigue). Employees who report to work ill will be sent home in accordance with these health guidelines. Medical Certification: If you are out sick or show symptoms of being ill, it may become necessary to request information from you and/or your health care provider. In general, we may request medical information to confirm your need to be absent, to show whether and how an absence relates to the infection, and to know that it is safe for you to return to work. As always, we expect and appreciate your cooperation if and when medical information is sought.

27

Temperature Screening: If recommended by the Maine CDC and deemed permissible by the EEOC, the City may choose to have all employee temperatures taken upon reporting to work. Department Heads, or trained designees, will screen employee temperatures daily using a touchless forehead thermometer before employees may report to their work areas. Results will be documented on a confidential tracking sheet that will be retained in the employee’s confidential medical file. The individual screening temperatures will, at a minimum, wear a face mask, gloves, and safety glasses. If a temperature registers over 100 degrees Fahrenheit, an oral thermometer may be used to verify the reading. If the temperature still indicates a fever the Department Head and Human Resources must be notified. The employee will be sent home and advised to seek medical attention. In general, an employee should be fever free for a minimum of 72 hours without the use of fever-reducing medications before returning to work. Attendance: Unless otherwise notified, our normal attendance and leave policies will remain in place. This includes absences resulting from an employee being sent home due to the presence of fever or other symptoms known to be associated with the infectious disease outbreak. Individuals who believe they may face particular challenges reporting to work during an infectious disease outbreak should take steps to develop any necessary contingency plans. For example, employees might want to arrange for alternative sources of childcare should schools close and/or speak with supervisors about the potential to work from home temporarily or on an alternative work schedule. Social Distancing: In the event of an infectious disease outbreak, the City may implement the following social distancing guidelines during the workday to minimize the spread of the disease among the staff:

• Avoid meeting people face-to-face. Employees are encouraged to use the telephone, online conferencing, e-mail or instant messaging to conduct business as much as possible, even when participants are in the same building.

• If a face-to-face meeting is unavoidable, minimize the meeting time, choose a large meeting room, and sit at least six feet from each other if possible; avoid person-to-person contact such as shaking hands.

• Avoid any unnecessary travel and cancel or postpone nonessential meetings, gatherings, workshops, and training sessions.

• Do not congregate in work rooms, break rooms, or other areas where people socialize. • Bring lunch and eat at your desk, outside, or another location away from others. • Wear a cloth face covering in situations where social distancing is otherwise not possible. • Avoid riding in vehicles with others whenever possible. If unavoidable, open windows to

increase ventilation. • Transparent partitions will be used at service counters within each department to minimize

contact between staff and patrons. Telecommuting: Telework requests will be handled on a case-by-case basis. While not all positions will be eligible, all requests for temporary telecommuting should be submitted to your Department Head for consideration.

28

Facility Closures: The City Administrator may decide that it is in the best interest of employees and the public to temporarily close facilities to the public and/or alter hours of operation to reduce the spread of an infectious disease. In these situations, the City will continue providing essential services. Travel: When appropriate, the City may provide notice that nonessential business travel and attendance at conferences should be avoided. Travel outside the United States will not be authorized during a pandemic. The City will follow CDC guidelines regarding mandatory quarantines related to travel. Employees who must self-quarantine because they voluntarily traveled outside of Maine while travel restrictions were in place may be required to use available accruals to cover any period of quarantine, unless their Department Head determines that telework is available. Exposures: Please notify your Department Head if you have been in close contact with someone who has confirmed or probable infectious disease. Exposures will be dealt with on a case-by-case basis and handled according to CDC guidelines.

29

SECTION 6: WORKPLACE GUIDELINES

6.1 ATTENDANCE AND PUNCTUALITY The City of Saco expects that every employee will be regular and punctual in attendance. Employees are expected and required to report to their designated work location in accordance with the respective collective bargaining agreement or departmental regulations pertaining to the hours of work. In the event an employee cannot report to work as scheduled, the employee shall notify their immediate supervisor within thirty (30) minutes of the time that the employee was scheduled to work. In all cases of an employee’s absence or tardiness, the employee shall provide supervisory personnel with a legitimate reason for the absence and, if applicable, the probable duration of absence. Tardiness, unexcused absences, or failure to report as required may result in disciplinary action. If an employee is absent for more than three days due to an illness or injury, they may be required to furnish a medical statement from their doctor indicating the reason for the absence. Employees may also be required to produce fitness for duty certificates to return from an absence. A physician’s statement or a fitness for duty certificate may be required where absence is continuous for a period of several working days and after surgery or accident, regardless of the length of absence. Failing to report an absence properly may be grounds for disciplinary action, including dismissal. Excessive absences or lateness, even when reported, may also be grounds for discipline or dismissal. Unsatisfactory attendance will have an adverse effect on any promotion considerations.

6.2 PROFESSIONAL APPEARANCE Employee appearance contributes to the City of Saco’s culture and reputation. City of Saco employees are to maintain good personal hygiene and attire suitable for the work to be performed and which supports safety and professionalism. City of Saco office employees must wear business casual attire at a minimum. Necessary elements for appropriate and professional business attire include clothing that is in neat and clean condition. Shoes and clothing should be suitable for the work performed by the employee. Management may make exceptions for special occasions or inclement weather, with advance notice for employees. An employee who is unsure of what is appropriate should check with his or her manager or supervisor. Any employee who, in the management’s sole discretion, appears for work in a manner that does not conform to City of Saco standards for professional appearance may be required to return home to change into appropriate clothes. The period of absence will be unpaid for non-exempt employees.

30

6.3 JEWELRY AND TATTOOS The City of Saco permits wearing jewelry or displaying tattoos, unless they conflict with our employees’ ability to perform effectively in the position they hold or the specific work environment they are in. Factors used to determine whether jewelry and tattoos pose a conflict with the job or work environment will include, but are not limited to:

• Safety of self or others • Productivity or performance of tasks • Perceived offense based on any protected class • Professional or workplace norms

If a potential conflict is identified, the employee will be encouraged to identify appropriate solutions such as removal of excess jewelry, covering of tattoos, transfer to alternative positions, etc. 6.4 FRAGRANCE-FREE WORKPLACE The City of Saco maintains a fragrance-free workplace to the greatest extent possible to contribute to a safe and healthy environment, especially for employees, citizens and visitors who may be sensitive or allergic to fragranced products. Employees should avoid coming to work wearing fragrances of any type or using scented personal products while at work. Such products include perfume, scented oils, cologne, scented shaving lotion or similar personal products. Employees may not use scented air fresheners, incense, potpourri, or other fragrance-emitting devices in the workplace.

6.5 CONFIDENTIALITY AND SECURITY It is the City’s policy to maintain strict control over the unauthorized entrance or use of City property, cash, or other items of monetary value, personnel or general assistance records, certain computer information, or other records or information considered being confidential. Employees who are assigned keys, given special access or assigned job responsibilities in connection with safety, security, or confidentiality of such records, material, equipment, or items of monetary value will be required to use sound judgment and discretion in carrying out their duties and will be held accountable for any wrongdoing or acts of indiscretion. During their duties, employees of the City are often privy to sensitive and confidential information. Examples of this include, but are not limited to, employee relations, medical records, general assistance requests, and personnel actions. The City expects any employee with access to such information to respect the confidential nature of the matter, not to share or provide access to such information with members of the public, including family members, and to take all reasonable measures to maintain confidential documents in a secure manner. Confidential information obtained because of employment with the City is not to be used by an employee for furthering any private interest or a means of making personal gains. The City is subject to the Maine “Right to Know” law, MRSA Title 1 sections 401-414. Any employee who receives any request for information under the “right to know”

31

statute must direct the request to the designated Freedom of Access Act (FOAA) Officer (City Clerk) for the City’s official response. Employees and other City officials must coordinate with the City Clerk to determine the proper response and involve the City Administrator and the City Solicitor when necessary.

6.6 OUTSIDE EMPLOYMENT All employees should consider their employment with the City as their primary employment. The City expects an employee’s work for the City to take precedence over any outside employment engaged in by an employee. Employees of the City may be self-employed or may take temporary part-time jobs if there is no conflict with the interests of the City. Employees may not engage in any private business or activity while on City work time or at City workplaces. City of Saco office space, equipment, time, and materials are not to be used for outside employment or non-City business purposes. Any violation of the provisions of the City Charter or municipal ordinances of the City shall be enforced through disciplinary procedures.

6.7 CONFLICT OF INTEREST Employees must act in the best interest of the City. Employees are prohibited from making governmental decisions on matters, which they, their family, or business associates have, an economic interest (30-A M.R.S.A 2605). Employees will notify their supervisor in writing of any matter in which they, their family, or business associates have an economic interest and in which they must act on behalf of the City. The City Administrator will review the matter and determine if the matter will need to be reassigned to another employee.

6.8 GIFTS AND GRATUITIES All City Employees are prohibited from soliciting or accepting any gift, gratuity, favor, entertainment, loans, or any other item of monetary value from any person, within or outside City employment, whose interests may be affected by the employee’s performance or non-performance of official duties. A gift is defined as any benefit, favor, service, privilege, or thing of value that could be interpreted as influencing an employee’s impartiality. A gift includes, but is not limited to meals, trips, money, loans, rewards, merchandise, food, tickets to sporting or cultural events, entertainment, and personal services or work provided by City suppliers or contractors. This policy is not intended to prohibit the acceptance of items of nominal value that are distributed generally to all employees or at conferences such as pens, notepads, etc. A determination as to whether this policy has been violated is in the City’s sole discretion.

6.9 POLITICAL ACTIVITY No employees shall participate in any political activity which would conflict with the performance of their functions and duties. Employees must not promise favors as a reward for the political activity of others. City employees shall not circulate petitions or campaign

32

literature for elective City of Saco officials or in any way be concerned with soliciting or receiving subscriptions, contributions, or political service from any person or for any political purpose pertaining to the government of the City while they are working on official time for the City.

6.10 SOLICITATION The City of Saco prohibits the solicitation, distribution and posting of materials on or at City property by any employee or non-employee, except as may be permitted by this policy. The sole exceptions to this policy are charitable and community activities supported by City and City-sponsored programs related to the City’s services. Non-employees may not solicit employees or distribute literature of any kind on City of Saco premises at any time. Former employees are not permitted onto City property except for official City business. Employees may not solicit other employees during work times, except in connection with a City approved or sponsored event. Employees may not distribute literature of any kind during work times, or in any work area at any time, except in connection with a City-sponsored event. The posting of materials or electronic announcements are permitted with approval from Human Resources. Violation of this policy should be reported to Human Resources.

6.11 CELL PHONE USAGE The purpose of this policy is to establish guidelines for employee cellular telephone usage. This policy outlines the appropriate use of provided or personal cellular phones while at work and the safe use of cellular phones while operating City vehicles and equipment. The use of handheld cellular telephones, including text messaging, while operating a City vehicle or equipment is prohibited. The use of hands-free cellular phones is not in violation of this policy unless otherwise prohibited by law. Although we allow employees to bring their personal cell phones to work, we expect employees to keep personal phone calls and text messages to a minimum. While occasional, brief phone calls are acceptable, using social media and making frequent or lengthy personal calls and texts while working can affect productivity and disturb others. For this reason, employees should silence cell phone ringtones when working in shared spaces and should avoid using cell phones in the presence of the public and coworkers. Employees are expected to plan cell phone use to coincide with non-work time, such as breaks. Text messaging is a convenient and valuable business tool when used properly. As with sending e-mails, however, employees are expected to use discretion and good judgment when sending text messages. As with email and other documents related to City business, text messages may be subject to Maine’s Freedom of Access Act (FOAA). Sending text messages of a confidential or inappropriate nature should be avoided. Supervisors should also limit the excessive use of text messages as a form of communication to hourly employees outside of normal working hours or when a phone call would otherwise be advisable.

33

Employees who willfully violate this policy are subject to disciplinary action for flagrant or continuous non-compliance to include having cellular phone privileges revoked while working. See Appendix B for the City Reimbursement Policy. 6.12 CITY VEHICLES, EQUIPMENT, AND MATERIALS All City-owned equipment, vehicles, and materials are the property of the City of Saco. Employees are prohibited from using or allowing the use of any City property for private or personal use or gain unless authorized by the City Administrator or their designee. See Appendix A for more information.

34

SECTION 7: WAGE AND HOURS OF WORK 7.1 NON-UNION WAGE CLASSIFICATION SYSTEM The City Administrator may develop a system for classifying non-union positions within the City, including pay ranges. Classification systems and pay ranges are subject to change at any time. The establishment of pay ranges or grades for any position does not guarantee a specific rate of pay for the occupant of that position.

7.2 HOURS OF WORK AND REST PERIODS

A. The normal working days in the work week shall be Monday through Friday. However, it is necessary, due to the variations in the different services provided by the city, that there be variations in the hours and days of work per week within different departments. The hours of work, the starting and quitting time, and 30-minute lunch periods will be established within each department with the City Administrator’s approval. The hours of work, the starting and quitting time, or the scheduling of lunch periods may be changed by mutual agreement of the Department head and department employees, subject to the approval of the City Administrator.

B. It is understood that salaried employees who are exempt and not entitled to overtime pay shall accomplish the work assigned to the position regardless of the hours required to do the work. It is the responsibility of each Department Head to ensure that the department’s work hours are adhered to by all its employees.

C. All non-exempt full-time employees are entitled to two paid (2) fifteen (15) minute rest periods at approximately the midpoint of each half (four hours) of their daily work schedule. Breaks may not exceed fifteen (15) minutes, including time taken to travel from and back to the employee’s workstation. Employees are encouraged to take breaks away from the public workspaces and to use the rest areas provided by the City. Breaks may not be used to come in late or leave early.

7.3 TELEWORK

Telework requests will be handled on a case-by-case basis. While not all positions will be eligible, all requests for temporary telecommuting should be submitted to your Department Head for consideration. See Appendix D.

7.4 OVERTIME PAY AND NON-UNION COMPENSATORY TIME

A. Salaried, exempt personnel are required to perform the duties of their positions without reference to hours worked and are not eligible for overtime pay.

B. Non-Union Hourly, non-exempt employees, who work over 40 hours in one week will be paid at a rate of one and half times the employees’ regular hourly rate. Employees must seek authorization from their supervisor to work overtime. Paid time off, including vacation, sick, comp time used, and holidays will not be considered part of the 40 hours for the purposes of calculating overtime.

35

C. The City shall comply with the Federal Fair Labor Standards Act (FLSA) and shall allow non-exempt employees to accumulate Compensatory Time in lieu of overtime pay at the employee’s request

D. Comp time may be earned by hourly, non-exempt employees in lieu of overtime pay. Comp time is earned on a time-and-a-half basis. An employee may accumulate up to 40 hours of comp time.

E. Once an employee’s comp time balance reaches the accumulation limit, the employee must be paid for any overtime hours worked over the limit at the rate of one and one half (1½) hours per overtime hour worked.

F. Planned use of comp time must be preapproved by the employee’s supervisor however it cannot be unreasonably denied. Employees must indicate the use of comp time on time cards.

7.5 PAY AT SEPARATION A. Upon retirement or separation in good standing from the City, an employee who has

completed 10 years of consecutive full-time employment, will receive 35% of their accumulated sick leave as separation pay.

B. At retirement or separation, after 20 years of continuous full-time employment, an employee in good standing shall receive 50% of their accumulated sick leave.

C. At retirement or separation after 30 years of consecutive, full-time employment, an employee in good standing will be paid 70% of their accrued sick leave.

D. If an employee dies, 100% of the accumulated unused sick days will be paid to the estate of the decedent.

E. Employees who are enrolled in the Retirement Health Savings Account will have their sick leave rolled into their RHS upon separation in accordance with the Retirement Health Savings plan.

F. Employees will receive 100% of accumulated vacation and unused comp time upon separation.

7.6 PAY DAYS AND DEDUCTIONS The City pays employees on a bi-weekly basis for the previous two (2) weeks of work. Paydays are on every other Friday, with direct deposits commencing on said day. Direct deposit is mandatory for all employees. Deductions from employees’ pay will include all mandatory deductions (such as Social Security, Medicare, Federal and State taxes), as well as deductions for any elective benefits employees have selected. The City may also deduct from employees’ pay the employees’ share of any premiums or plan contributions for insurance, retirement, and similar plans that are elected by the employee. The City may make other deductions as required by law or court order. Employees should examine their paychecks/pay stubs immediately to ensure they have been properly paid for all hours and that no improper deductions have been made. Any payment errors must be reported to the Payroll Manager.

36

7.7 TIMECARDS AND TIME CLOCK Accurately recording time worked is the responsibility of all employees. Time worked is the time spent on a job performing assigned duties and is recorded via the time clock or a timecard. The timecard/clock is a legal instrument. Altering, falsifying, tampering with timecards, failing to record time, or recording time on another team member’s timecard may result in disciplinary action, including termination of employment.

7.8 EMERGENCY CLOSINGS The City of Saco will always make every attempt to keep all offices open to serve the public. If an employee feels his or her safety is at risk by remaining at work, the employee may, with supervisor approval, use available accrued paid leave except for sick time to remain at/return home.

If City Hall is officially closed during the day to permit employees to leave early, nonexempt employees who are working on-site as of the time of the closing will be paid for a full day. If employees leave earlier than the official closing time, they will be paid only for actual hours worked, or can use available paid leave. Exempt employees will be paid for a normal full day but are expected to complete their work at another time.

7.9 INCLEMENT WEATHER Employees unable to arrive for work due to inclement weather will be charged one (1) day of available accrued paid leave, except for sick time. If no accruals are available, nonexempt employees will not be paid for the day. All employees who are unable to report to work should call their department supervisor and report their absence 30 minutes prior to the start of their workday. If inclement weather occurs on a federal holiday not generally observed by the City of Saco, management will make its own decision concerning early closing on that day and communicate this to employees by email and phone. When weather conditions worsen as the day progresses, the City Administrator may decide to close City Hall early. Employees will be expected to remain at work until the appointed closing time, unless their flextime day ends prior to that time, or unless they receive permission from their department head to do otherwise. Time absent from work due to inclement weather is not counted as hours worked when computing weekly overtime. It is the city’s policy to remain open during most periods of inclement weather; however, where extraordinary circumstances warrant, the City reserves the right to close city offices. Should circumstances warrant, the City of Saco may require all employees, except for essential personnel, and customer-facing personnel, to work from home. Employees should be proactive with department managers in preparing for these circumstances to ensure employees have the resources necessary to work remotely. For positions that do not qualify for remote work, the city will pay the employees for their normal workday. Employees must complete the Temporary Telework Agreement prior to beginning their remote assignment.

37

SECTION 8: HOLIDAYS The City of Saco observes the following paid holidays, unless otherwise specified in the employee’s union contract.

• New Year’s Day

• Martin Luther King Day

• President’s Day

• Patriot’s Day

• Memorial Day

• Juneteenth Day

• Independence Day

• Labor Day

• Columbus/Indigenous Peoples Day

• Veteran’s Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Day

• ½ Day Christmas Eve

• ½ Day New Year’s Eve

Holidays are to be observed on the day of legal observance. If any of the holidays fall on a Sunday, the following Monday shall be the observed holiday; if it falls on a Saturday, the preceding Friday shall be the observed holiday. All regular full-time employees are to be paid either 7.5 or 8 hours for a holiday according to their regular work schedule (37.5 or 40 Hours per week) and 3.75 or 4 hours for a ½-day holiday. Regular part time employees, whose normal workweek is at least twenty (20) hours per week, shall be paid a prorated amount based on the number of hours regularly worked for a full holiday and half of that amount for a ½-day Holiday. Regular scheduled daily hours -= paid time off and then divide by 2 for ½ day. Because of the nature of the position, certain employees are required to work during a holiday. These employees will receive holiday pay in addition to regular wages for time worked.

38

SECTION 9: EMPLOYEE LEAVE

Employees who are out of work beyond twelve (12) weeks on any type of leave will stop accruing sick, vacation, and holidays unless and until they return to work. Human Resources will notify the Information Technology Department of an employee’s leave status for account security purposes.

9.1 VACATIONS The City grants vacation time as a benefit to its employees. Employees covered by this personnel policy shall be entitled to accrue vacation time in accordance with the following schedule. The City Administrator shall have the authority to negotiate higher vacation accrual rates for individuals that recognizes previous years of experience and education.

Years of Continuance Service (begin accruing)

Maximum Annual Vacation Hours Accumulation

Maximum Annual Vacation Days Accumulation

Hours of Vacation Accrued Per Bi-weekly Pay Period

Date of hire to the start of the 5th year

75 hours (75-hour pay period)

80 hours (80-hour pay period

10 Days 2.31 (60-hour pay period) 2.88 (75-hour pay period) 3.08 (80-hour pay period)

Beginning 5th year to the start of the

10th year

112.50 hours (75- hour pay period) 120 hours (80- hour pay period)

15 Days 3.46 (60-hour pay period) 4.33 (75-hour pay period) 4.62 (80-hour pay period)

Beginning 10th year to the start of the

25th year

150 hours (75- hour pay period) 160

hours (80- hour pay period)

20 Days 4.62 (60-hour pay period) 5.77 (75-hour pay period) 6.15 (80-hour pay period)

Beginning the 25th year to retirement

187.5 hours (75- hour pay period) 200 hours (80- hour pay period)

25 Days 5.77 (60-hour pay period) 7.21(75-hour pay period) 7.69 (80-hour pay period)

A. Vacation time shall accrue biweekly at the rate established in the table.B. Vacations shall be scheduled at a time mutually agreed upon between the employee and the

appropriate department head or the employee and the City Administrator. The CityAdministrator or designee shall approve vacation time for department heads.

39

C. If a holiday falls within an employee's vacation period, the employee shall not have that day charged against their accumulated vacation days.

D. No employee shall be entitled to work their vacation with pay, except in cases of extreme emergency conditions and with the expressed permission of the City Administrator.

E. The employee shall not have more vacation time on the books than what is specified on the schedule above on January 1st of each calendar year.

F. An employee who has completed 25 years of service will receive an additional one-week vacation in recognition to their service to the City of Saco. The employee will continue to accrue this additional week until retirement or separation.

G. Regular part-time employees who work 20 or more hours per week will accrue vacation time at the rate of 1.62 hours per pay period.

H. Upon the death of an employee who has accrued vacation pay, the accrual will be paid to the deceased employee’s estate unless otherwise directed by a probate court.

I. In December of each year, employees will receive the option to elect to cash out a portion of their earned vacation time. Employees may cash out up to a maximum of 80 hours providing that at least 40 hours of leave remain to cover unanticipated absences.

Earned Paid Leave The City of Saco’s accrual rate and criteria for vacation meets what is required by the new Earned Paid Leave law for regular full time and regular part time employees (effective 1-1-2021 as required by 26 MRSA 637). The first 40 vacation hours used by the employee shall be designated as Earned Paid Leave for purposes of this law.

9.2 SICK LEAVE Regular full-time employees are entitled to sick leave at an accrual rate of 3.69 hours per pay period for each bi-weekly pay period worked. Sick leave may be accumulated not to exceed 900 hours for full-time employees with a seven-and-one-half-hour workday and 960 hours for full-time employees who work an eight-hour workday. Regular part-time employees, who work at least 20 hours per week, are entitled to 1.94 hours per pay period of sick leave. If the employee is on sick leave, credit will still accrue. Cumulative sick leave hours are computed from the original date of employment.

Illness for which sick leave may be granted is defined as actual personal illness or bodily injury. Regular full-time employees who work a seven- and one-half hour day may use up to 37.5 hours and those who work an eight-hour day may use up to 40 hours per year to care for ill family members to be deducted from the employee’s accrued sick leave.

Any absence (except as covered elsewhere in the regulations) of three days or longer for illness may require a doctor's note before returning to work. In addition, another examination, by a doctor of the City's choosing, and at the City's expense, may be required.

40

At any time, the department head may request that a qualified physician designated by the City, certify the condition of the employee, to justify the continued absence from employment, as a condition precedent to the continuance of sick pay. An employee may elect to utilize two days of accrued sick time per year as personal leave. Personal leave is pro-rated for part time employees. These converted days are treated the same as sick leave for accruals, payout, carryover, etc. 9.3 PARENTAL LEAVE A regular full-time employee who has completed at least one full year of employment with the City will be granted an additional four (4) weeks of paid sick time upon the birth or adoption of their child to be used concurrently with Family Medical Leave and supplemental to short-term disability coverage approved for the same reason. Such time shall be in addition to the employee’s current paid sick time balance. Parental Leave expires 12 months after the date of birth or placement. 9.4 PERSONAL DAYS – NON-UNION Employees are granted two (2) personal days per calendar year, and they cannot be used for holidays, cashed out, or carried over. Employees may deposit these personal days into the ICMA RHS – Retirement Health Savings Account. The RHS Program is sponsored by the City of Saco and administered by ICMA- RC. All contributions to this account are set aside exclusively for qualifying medical expenses. See HR for an application.

9.5 MILITARY LEAVE The City complies with state and federal law, governing the rights of employees who are entitled to leave and other rights and obligations applying to their military service, including military reserve training and active duty. In accordance with state and federal law, all employees will be granted time off from work for annual training obligations or active service in the Military (as defined below). Employees engaged in active military service will be placed on military leave of absence status. Employees receiving orders for military training or service should notify their supervisor of the dates of their military service as far in advance as possible unless military necessity prevents such notice. Employees should present the orders for training and/or service to their supervisor as far in advance as possible. Military leave and rights to re-employment after such leave are available to employees under the terms and conditions of applicable Federal and State law, as may be amended from time to time. Military Leave with Pay Employees (including employees who hold acting capacity and project appointments) are allowed up to 17 workdays in each calendar year without loss of pay or benefits when engaged in any form of military duty. The employee must furnish the department head with an official statement signed by authority giving the employee's rank, pay, and allowance during the employee’s seventeen (17) day period. The Employer will pay the difference, if any, between the employee's regular pay and military leave pay up to seventeen (17) days per year.

41

Military Leave without Pay When military service exceeds the 17 workdays authorized for military leave with pay, the employee must be placed on unpaid military leave. Employees may use, but are not required to use, accrued sick, vacation, comp time, etc. when entering unpaid military service. Provisions for the optional use of accrued sick, vacation, comp time, etc. also apply to employees who are called to active state duty by the Governor. Employees should determine which paid leave they wish to use and a fixed amount to use each pay period with Human Resources and Payroll prior to going out on leave.

Vacation, sick, and holidays will not accrue beyond the twelve-week (12) leave period, consistent with the City’s leave policies. However, the use of military leave will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined. Seniority of position is not affected. Maintenance of Benefits An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the City. To maintain uninterrupted coverage, the employee will be required to continue paying his/her share of insurance premium payments. If an employee is receiving concurrent vacation, sick, or compensatory time, the premium will be deducted from the paycheck, as is normally the practice. The City will bill for benefits premiums in the case that the employee is unpaid. Employees may opt for an automatic ACH withdrawal to cover benefits costs. The payment shall be made by the 15th of each month. If the employee's payment is more than sixty (60) days overdue, the City will no longer maintain the coverage. Re-Employment The guiding principle of the USERRA and Maine law is that an employee performing military service is not to suffer any detriment in employment and should be treated as if he or she had not left employment. Employees who enter military service retain reemployment rights under both the Uniformed Services Employment and Reemployment Rights Act of 1994 and Maine law. Exceptions are narrowly restricted to persons who hold temporary, non-recurrent employment. Although certain criteria are required for an employee to exercise his or her reemployment rights, denial of reemployment to a returning service member should be considered an extraordinary situation. Human resource professionals should be consulted if any adverse action is contemplated.

An employee who enters military service on a short-term basis would generally be returned to the position that he or she left. Employees who enter military service on a long-term basis would be returned to the position that he or she left or be returned to a position of like status and pay for which he or she is qualified. Human Resources should be consulted if denial of reemployment for any reason is contemplated.

Upon the completion of service (less than 31 days, including weekend drills) employees are also entitled to reasonable time for return travel, and an eight-hour period of rest, before returning to work. The allotted time to apply for reemployment increases incrementally,

42

depending upon the length of service. Human Resources should be consulted in unusual situations.

9.6 JURY AND WITNESS DUTY LEAVE Regular full-time and part-time employees who are called for jury duty, or subpoenaed by a legislative, judicial, or administrative tribunal, should promptly notify your supervisor in order that arrangements may be made. The City will pay employees while serving this duty.

If excused from jury duty for part of a day such that you could work for at least two regularly scheduled hours (including the time required to prepare for work), you must return to work in order to be paid. Otherwise, such time will be charged to vacation leave. If no vacation time has accrued, you will not be paid by the City.

9.7 LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE The City will grant reasonable and necessary paid or unpaid leave from work for eligible regular full- time and part-time employees who are victims of domestic violence, stalking, or sexual assault as provided for in State Law Title 26 M.R.S.A. Sec. 850 (Employment Leave for Victims of Violence). Leave will be granted for an employee to prepare for and attend court proceedings; receive medical treatment or attend to medical treatment for a victim who is the employee’s daughter, son, parent, or spouse; or obtain necessary services to remedy a crisis caused by domestic violence, sexual assault, or stalking. The leave must be needed because the employee or the employee’s child, parent or spouse is a victim of violence, assault, or sexual assault under Title l7-A, chapter 11, stalking or any act that would support an order for protection under Title 19-A, chapter 101. As soon as an employee becomes aware of the need of a leave of absence, they must make a written request for leave from their supervisor. This request must be forwarded to the City Administrator or their designee for approval as soon as possible. The request must specify the length of leave requested, the reason for the leave, and estimated dates of departure and return. Employees utilizing such leave may use any available accrued vacation, sick, and/or compensation time during such period(s). Employees should determine which paid leave they wish to use and a fixed amount to use each pay period with Human Resources and Payroll prior to going out on leave. Employees who have who have no such leave banked and accrued shall receive unpaid leave. Maintenance of Benefits An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the City. To maintain uninterrupted coverage, the employee will be required to continue paying his/her share of insurance premium payments. If an employee is receiving concurrent vacation, sick, or compensatory time, the premium will be deducted from the paycheck, as is normally the practice. The City will bill for benefits premiums in the case that the employee is unpaid. Employees may opt for an automatic ACH withdrawal to cover benefits costs. The payment shall be made by the 15th of each month. If the employee's payment is more than sixty (60) days overdue, the City will no longer maintain the coverage.

43

Vacation, sick, and holidays will not accrue beyond the twelve (12) week leave period, consistent with the City’s leave policies. However, the use of leave for domestic violence will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined. Seniority of position is not affected.

9.8 BEREAVEMENT LEAVE In the event of the death of an employee's spouse, legally recognized partner, children, mother and father, or legal guardian, the employee shall be granted five days’ leave of absence, with full pay, to make household arrangements and arrange for or attend death services. In the event of the death of an employee's sister, brother, stepparents, stepchildren, grandmother, grandfather, spouse's grandparents, grandchildren, father-in-law, mother-in-law, sister-in-law or brother-in-law, the employee shall be granted up to three days' leave of absence, with full pay, to make household adjustments and arrange for or attend the death services. This provision shall also apply to out-of-town deaths. The employee may be required to furnish their immediate supervisor with proof of death. For relatives other than those mentioned above, such as aunt, uncle, niece, nephew or first cousin, one day's leave, with pay, to attend the funeral will be granted. The City Administrator may grant additional leave under this subsection in unusual or exceptional circumstances. 9.9 FAMILY MEDICAL LEAVE Family and Medical Leave will be provided consistent with the Federal Family Medical Leave Act or the Maine Family Medical Leave Act, whichever is applicable. FMLA will run concurrently with all other leave and leave benefits, including but not limited to Workers’ Comp., Short Term Disability, Maine FMLA and will run even while the employee is using their own accrued leave (such as Vacation, Sick and Comp. time). Federal FMLA (Family Medical Leave Act) The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Covered Employers The FMLA only applies to employers that meet certain criteria. A covered employer is a:

• Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year

• Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or

• Public or private elementary or secondary school, regardless of the number of employees it employs.

Eligible Employees Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

• Works for a covered employer (The City of Saco). • Has worked for the employer for at least 12 months. • Has at least 1,250 hours of service for the employer during the 12-month period

immediately preceding the leave; and

44

• Works at a location where the employer (City) has at least 50 employees within 75 miles (in the City of Saco, all employees work within a 75-mile radius of the City Hall)

The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement. If the employee has a break in service that lasted seven years or more, the time worked prior to the break will not count unless the break is due to service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA), or there is a written agreement, including a collective bargaining agreement, outlining the employer’s intention to rehire the employee after the break in service. See “FMLA Special Rules for Returning Reservists”. Leave Entitlement An eligible employee shall be entitled to twelve (12) workweeks of unpaid leave during a twelve (12) month period for one or more of the following reasons:

• the birth or placement of a child for adoption or foster care. • to care for a spouse, child, or parent who has a serious health condition. • for a serious health condition* that causes the employee to be unable to perform the

essential functions of his or her job; or • For any qualifying exigency arising out of the fact that a spouse, child, or parent is a

military member on covered active duty or call to covered active-duty status. • a serious health condition, which shall be defined as an illness of a serious and long-

term nature resulting in recurring or lengthy absences. Treatment of such an illness would occur in an inpatient situation at a hospital, hospice, or residential medical care facility, or would consist of continuing care provided by a licensed health care provider.

*A serious health condition means an accident, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. When both spouses are employed by the City, they are each entitled to twelve (12) work weeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent who has a serious health condition. An eligible employee may also take up to 26 workweeks of leave during a "single 12-month period" to care for a covered servicemember with a serious injury or illness, when the employee is the spouse, child, parent, or next of kin of the servicemember. The "single 12-month period" for military caregiver leave is different from the 12-month period used for other FMLA leave reasons. Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule basis. That means an employee may take leave in separate blocks of time or by reducing the time he or she works each day or week for a single qualifying reason. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment

45

so as not to unduly disrupt the employer's operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval. The City of Saco requires employees, to "substitute" (run concurrently) accrued sick, vacation, and compensatory time, to cover all the FMLA leave period. However, employees may maintain up to forty (40) hours of vacation time for future time off. Notice Employees generally must request leave 30 days in advance when the need for leave is foreseeable. When the need for leave is foreseeable less than 30 days in advance or is unforeseeable, employees must provide notice as soon as possible and practicable under the circumstances. If the City acquires knowledge that a leave may be for a FMLA-qualifying reason, the City will provide the employee with notice concerning his or her eligibility for FMLA leave and his or her rights and responsibilities under the FMLA. The City will also notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employees’ FMLA entitlement. Certification In the event an employee is requesting a leave, or the employer has acquired information the employee is going to be on leave due to his or her own serious health condition or a covered family member’s serious health condition, the City may require certification in support of the leave from a health care provider. FMLA is generally unpaid, however, an employee may substitute any paid leave available to the employee under the City’s policy (such as sick, vacation, or comp. time). Employees should determine which paid leave they wish to use and a fixed amount to use each pay period with Human Resources and Payroll prior to going out on leave. Maintenance of Benefits An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the City. To maintain uninterrupted coverage, the employee will be required to continue paying his/her share of insurance premium payments. If an employee is receiving concurrent vacation, sick, or compensatory time, the premium will be deducted from the paycheck, as is normally the practice. The City will bill for benefits premiums in the case that the employee is unpaid. Employees may opt for an automatic ACH withdrawal to cover benefits costs. The payment shall be made by the 15th of each month. If the employee's payment is more than sixty (60) days overdue, the City will no longer maintain the coverage. If the employee informs the City that he/she does not intend to return to work at the end of the leave period, the City’s obligation to provide health benefits ends. Vacation, sick, and holidays will not accrue beyond the twelve (12) week leave period, consistent with the City’s leave policies. However, the use of family or medical leave will not be considered

46

a break in service when vesting or eligibility to participate in benefit programs is being determined. Seniority of position is not affected. Job Restoration Upon return from FMLA leave, an employee shall be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Employees accepting employment elsewhere while on FML may be disciplined, up to and including discharge. Maine Family Medical Leave Covered Employers The Maine Family Medical leave requirement applies to employer who meet the following criteria:

• Private employer that employs 15 or more employees at one location in the State of Maine • The State, including the executive, legislative and judicial branches, and any State

department or agency that employs any employees • Any city, town or municipal agency that employs 25 or more employees • Any agent of an employer, the State, or a political subdivision of the State

Eligible Employees Only eligible employees are entitled to take Maine Family Medical Leave. Eligible employees are:

• Employees who have worked for the City for 12 consecutive months Leave Entitlement An eligible employee shall be entitled to ten (10) workweeks of unpaid leave during any two years for one of the following reasons: (The two-year period in which leave may be taken is determined by a twenty-four-month period measure from the date of an employee’s first FML leave begins.)

• Employee’s serious health condition • Birth of the employee’s child or the employee’s domestic partner’s child • Placement of a child 16 years of age or less with the employee or with the employee’s

domestic partner in connection with the adoption of the child by the employee or the employee’s domestic partner

• A child, domestic partner’s child, parent, domestic partner, sibling, or spouse with a serious health condition

• The donation of an organ of that employee for a human organ transplant • The death or serious health condition of the employee’s spouse, domestic partner, parent,

sibling, or child if the spouse, domestic partner, parent, sibling, or child is a member of the state military forces as defined in Title 37-B, Setcion102, or the United States Armed Forces, including the National Guard and Reservices, dies or incurs a serious health condition while on active duty.

47

The City may, in its discretion, allow an employee to take intermittent leave or work a reduced schedule because of the birth, adoption, or placement of a child. The City will review the individual circumstances involved, considering the needs of the City, the employee’s length of service, number of requests, duties, workload, and the employee’s job performance. Notice An employee may request the leave in writing with 30 days’ notice, and complete an Application for Family and Medical Leave, except in the case of a medical emergency or sudden illness. The City may also declare the leave. For events that are unforeseeable 30 days in advance, but are not emergencies, the employee must notify the City as soon as they learn of the need for the leave, ordinarily no later than one or two working days after the employee learns of the need for the leave. FMLA leave request forms and medical certification forms can be obtained from the Human Resources office. Certification An employee may also be required to provide medical certification during the leave, along with periodic updates on their status and intent to return to work. If their leave was requested because of their own serious health condition, the employee will be required to provide medical certification of their availability to return to work. When a medical leave is not foreseeable, employees must provide the required certification within 15 calendar days after the City’s request for certification unless it is not practical under the circumstances to do so. Failure to provide the required medical certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required medical certification within 15 days of being requested to do so may result in a denial of the employee’s continued leave. Any request for an extension of the leave also must be supported by an updated medical certification. Calculation of Leave FML is generally unpaid, however, an employee may substitute any paid leave available to the employee under the City’s policy (such as sick, vacation, or comp. time). Employees should determine which paid leave they wish to use and a fixed amount to use each pay period with Human Resources and Payroll prior to going out on leave. Maintenance of Benefits An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the City. To maintain uninterrupted coverage, the employee will be required to continue paying his/her share of insurance premium payments. If an employee is receiving concurrent vacation, sick, or compensatory time, the premium will be deducted from the paycheck, as is normally the practice. The City will bill for benefits premiums in the case that the employee is unpaid. Employees may opt for an automatic ACH withdrawal to cover benefits costs. The payment shall be made by the 15th of each month. If the employee's payment is more than sixty (60) days overdue, the City will no longer maintain the coverage.

48

Vacation, sick, and holidays will not accrue beyond the twelve (12) week leave period, consistent with the City’s leave policies. However, the use of family or medical leave will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined. Seniority of position is not affected. Job Restoration When an employee returns from Maine FML, they will be restored to the same or an equivalent position unless:

• Employment with the City would have terminated if no leave had been taken; • Employee has given notice of their intent to terminate employment during their FMLA

leave; or • Employee, with or without reasonable accommodations, cannot safely perform the

essential functions of the job to which they may be restored. Employees accepting employment elsewhere while on FML may be disciplined, up to and including discharge.

Employees accepting employment elsewhere while on FMLA or non-administrative unpaid leave may be disciplined, up to and including discharge.

49

SECTION 10: HEALTH BENEFITS 10.1 Health Insurance The City will provide a Maine Municipal Association (MMA) group insurance plan, which provides Maine Municipal Employees' Health Trust medical coverage and, in addition, major medical coverage. The City's MMA Employees' Health Trust coverage and level of service shall be established by the City Council. Currently this is an 80% employer and 20% employee share.

Full-time and part-time employees and their families are eligible to participate. An employee must apply for coverage and coverage is not automatic. Coverage will begin the first of the month following the employee’s hire date. The Maine Municipal Employees' Health Trust coverage shall be determined by the City Council. The employee will pay any difference. Insurance Opt-Out Any full-time employee who does not elect to receive health insurance benefits and can demonstrate that they have eligible insurance coverage, shall be eligible to receive $150.00 biweekly through payroll.

Vision and Dental Insurance The city will provide a vision and dental plan for employees. Employer/Employee contributions will be communicated during open enrollment annually 10.2 SHORT TERM AND LONG-TERM DISABILITY An employee’s sick leave and vacation time can be used in conjunction with the income protection insurance to ensure continued compensation or the employee must otherwise cover their other benefit expenses when out on disability. For short-term disability, the City’s Income Protection Vendor covers 66.7% of the weekly gross salary. The other 33.3% is reimbursed by the employee’s accrued sick time first and then accrued vacation time if the employee chooses to make their check whole for each week. The City of Saco provides all full-time employees working a minimum of 30 hours or more per weeklong term-term disability benefits.

The benefit pays a maximum of 60% of an employee’s monthly salary up to a $1,000 maximum monthly benefit. Employees can buy additional long-term disability coverage during open enrollment or as a new hire. The total monthly benefit purchased cannot exceed $6,000.00. Except for unforeseen circumstances, such as an emergency, prior to going out on any disability, employees will meet with Human Resources to understand their benefit deductions and payment plan. All these provisions will be in accordance with the insurance policy.

50

10.3 LIFE INSURANCE

A. All full-time employees of the City are eligible for basic life insurance, as provided by state statute and accepted by the City Council. Such coverage will be automatic, unless specifically refused, in writing, by the employee. If an employee does not participate in the City’s health coverage, they are not covered under the City’s Life Insurance policy. However, the employee is eligible to purchase life insurance at a nominal fee.

B. Supplemental Life Insurance coverage is available to participating employees at an additional charge through Standard Insurance Company. The employee must be enrolled in Basic Life already (with or without medical coverage) to elect one of the additional volumes of Life Insurance. Supplemental coverage (including Accidental Death & Dismemberment for most employees) is available on a contributory (the employee is required to make a premium contribution) basis for all active employees. Participants may select coverage equal to up to 3 times their annual earnings, as indicated in the chart below. Medical evidence of insurability (EOI) will be required for coverage amounts exceeding the Guarantee Issue amount of 1 time (X) their annual earnings or $100,000, whichever is less. Rates are $.30 per thousand dollars of coverage, per month. There is no annual open enrollment period for supplemental life insurance.

Coverage amount elected

Maximum coverage (without EOI)

Maximum coverage (with EOI)

1X Annual Earnings

1X Annual Earnings or $100,000*

$100,000

2X Annual Earnings

2X Annual Earnings or $100,000*

$200,000

3X Annual Earnings

3X Annual Earnings or $100,000*

$300,000

C. In the event of the employee’s death, life insurance benefits shall be equal to the employee's annual salary.

10.4 WORKERS’ COMPENSATION

The City of Saco shall provide Workers’ Compensation coverage to its employees consistent with applicable law. All staff injuries must be reported, regardless of how minor, to the supervisor immediately.

51

If the employee needs immediate medical attention, the employee will be transported to the nearest clinic or hospital emergency room as applicable depending on the severity of the injury/illness. The employee will be referred to the City’s designated health care provider (10-day doctor) for a follow-up to any clinic or emergency room visit or for a medical evaluation for all workplace injuries/illnesses. In the event an employee is referred to the City’s designated health care provider (10-day doctor), the City will schedule the appointment(s) at no cost to the employee. An appointment with the City’s designated health care provider (10-day provider) does not prevent the employee from making an appointment with their regular or other health care provider at their own cost, which may include the employee’s health insurance coverage. A City Internal Report of Injury form will be completed by the injured employee and signed by the employee’s supervisor. Names of employees that witnessed the incident must also be included on the report. The completed report shall be forwarded to Human Resources within 24 hours of the incident. Failure to give timely notification of an injury may jeopardize a valid claim. Each visit to a physician/medical facility will require the employee to submit, to the Human Resources office, a M-1 Report completed by the health care physician.

Family Medical Leave Act (FMLA) If eligible, workers’ compensation absences will run concurrently with FMLA.

Benefit Premiums An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the City. To maintain uninterrupted coverage, the employee will be required to continue paying his/her share of insurance premium payments. If the employee's payment is more than sixty (60) days overdue, the City will no longer maintain the coverage. If an employee is receiving concurrent vacation, sick, or compensatory time, the premium will be deducted from the paycheck, as is normally the practice. If the employee informs the City that he/she does not intend to return to work at the end of the leave period, the City’s obligation to provide health benefits ends.

Accrual of Vacation, Sick and Holidays Vacation, Sick, and holidays will not accrue during the leave period beyond 12 weeks, consistent with the City’s leave policies. However, the use of family or medical leave will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined.

Waiting Period Under Maine Workers’ Compensation, the waiting period is seven (7) days from the date of incapacity. An employee who is entitled to receive workers’ compensation payments

52

will be permitted to utilize sick, or vacation time that he/she has accrued to cover the time lost until the first workers’ compensation payment is received. If the employee is out of work beyond 14 days, and the workers’ compensation carrier compensates the employee for the first 7 day (waiting period), the employee will buy back those accrued days used during that time.

Supplemental Pay In cases of an injury covered under the Workers' Compensation Act, an employee receiving a workers’ compensation check shall have the option to supplement the workers’ comp check with their accruals to “make themselves whole”. In no case will an employee receive double compensation for lost time due to a workers’ compensation illness/injury.

Participation in the Maine Public Employees Retirement System (MainePERS) While receiving workers’ compensation benefits, those employees who participate in MainePERS are required to pay their MainePERS contributions based on the wages portion of the benefits received. If an employee does not pay the applicable contributions within thirty days of receiving workers’ compensation benefits, the employee will be responsible for accrued interest until contributions are paid.

Disputed Workers’ Compensation Claims During the period that an employee is unable to work due to a workers’ compensation claim that is in dispute, the employee may be eligible for Short Term Disability, after the applicable waiting/elimination period.

Return to Work

When possible and appropriate for the City’s staffing needs, modified, short-term, or early return-to-work assignments (“Modified-Duty”) will be made available to an employee as a positive means of rehabilitation following a workers’ compensation illness or injury. Any candidate for Modified-Duty must be approved by a medical provider.

Modified Duty

As soon as Modified-Duty is requested or appropriate, the Department Head and the employee’s supervisor will evaluate any work restrictions and search for suitable Modified-Duty work within the employee’s department. If none exists within the employee’s department, then the Department Head may deem it appropriate to look elsewhere within the City for such work assignments consistent with the skills and abilities of the employee. If there is no Modified-Duty available, the employee will be instructed to return to work on a date when such work exists, restrictions change, or when full-duty is possible, whichever comes first. The Department Head (or designee) will notify an employee as to the availability of suitable work. The duration of Modified-Duty is limited to thirty (30) working days but may be extended at the discretion of the Department Head and Human Resources Director. Extensions may be considered based upon medical evidence and employee rehabilitative progress. Any extension will be re-evaluated by the Department Head (or designee) on a weekly basis.

53

All employees returning to full-duty (regular duty) work must present the supervisor with the appropriate medical documentation, clearly indicating any remaining restrictions or limitations or the lack thereof. An employee injured at work who fails to promptly report back to work as soon as reasonably possible (in accordance with the work schedule in effect at that time) upon a "fit for duty" medical diagnosis or an employee found to be violating work restrictions of a doctor while employed by someone other than the City while on a Workers' Compensation or Short-Term Disability leave may be disciplined, up to and including discharge.

10.5 EDUCATION AND TRAINING BENEFITS This benefit applies to all full-time regular employees of the City of Saco who have been continuously employed for six (6) months. Employees may apply for job related courses or training. This reimbursement will be approved for up to 12-15 credit hours per fiscal year upon prior recommendation of the Department Head and approval of the City Administrator.

Reimbursement may be requested following each approved course or program by submitting a tuition receipt and evidence of satisfactory completion to the office of the City Administrator. To ensure proper budgeting for tuition reimbursement, employees shall notify their Department Head and Human Resources by January 15th of each year when possible, concerning anticipated course work or training.

The City of Saco recognizes and encourages professional development and personal growth for employees. Both the City and its employees profit from the provision of educational training opportunities at reasonable expense to the City. Training programs shall be designed to improve the quality of performance and bring about more efficient or more economical operation. Employees must receive prior approval for training programs from the City Administrator or Department Head if attendance is during normal working hours or reimbursement of tuition and/or expenses is expected. To assist regular employees of the City of Saco with improving and expanding their knowledge and skills, we will assist with the cost of tuition and books, within the limits of the City’s budget. Applicable programs should focus on subjects clearly related to the employee’s work and provide immediate and tangible benefits to the City and to the employee’s professional development. Attendance at an approved course requested by an employee (and not requested by the City) will be reimbursed at a rate of 50% of the current University of Southern Maine in state tuition rate, and student fees. Employees will be reimbursed 100% of required books, up to a maximum of $50.00 per book.

54

Prior to Taking a Course • Employees must submit information on the course – defining its purpose, its

benefit to their employment at the City, the measurement of success or failure, and the professional background of the institution; and details such as costs, tuition, textbook needs, costs and attendance expenses.

• Employees must receive written approval from the City Administrator prior to taking the course.

• If the employee commits to the course without approval, they will be responsible for all costs.

Upon completion of the course:

• Employees must provide proof of passing, completing, or attending the course. • If the employee does not pass the course, they must provide a reason for not passing

or completing the course. • Return all monies advanced if the employee fails to complete or pass the course.

55

SECTION 11: RETIREMENT

All full-time employees may participate in the Maine Public Employees Retirement Services (MainePERS) or the City's own retirement programs; the Empower 457 Deferred Compensation Program, the ICMA 457 Deferred Compensation Retirement Plan or the ICMA 401(a) Retirement Plan, as provided by State statute and State Retirement and/or adopted by the City Council. The City shall contribute to only one of the above at a level commensurate with union contracts and equal to 5% of the employee's gross wages ("gross wages" are defined by Internal Revenue Service Publication 525. The definition reads as follows, "Gross wages is everything received in payment for services including wages, salaries, commissions, fees and other forms of compensation such as overtime, bonuses and fringe benefits.") However, if the employee chooses the Maine Public Employees Retirement Services (MainePERS), the City shall contribute the applicable percentage established by the Maine Public Employees Retirement Services (MainePERS) on an annual basis based on the fiscal year.

Employees can select from the following plans:

A. Maine Public Employees Retirement Services (Maine PERS). Participants of Maine PERS and future new enrollees may also contribute to the 457 plans noted below but not to the 401(a) plans. However, no employer contributions are to be made to this additional retirement plan. New employees must elect whether or not to participate in Maine PERS within 2 weeks of starting with the City and documentation will be kept by Human Resources in the employee’s file. An employee’s decision to join or not join MainePERS is irrevocable for all current and future employment with the City and/or the Saco School Department, regardless of retirement plan.

B. International City Management Association - Retirement Corporation (ICMA RC). All full-time eligible employees are offered the option of participating in the 401(a) Qualified Retirement Plan with ICMA. If an employee chooses to participate in this plan, the City's contribution of 5% shall be contributed to this plan. The employee shall make a mandatory contribution of 5% of their gross wages.

C. Empower Deferred Compensation Plan. All full-time eligible employees are offered the option of participating in the 457B Deferred Compensation Plan with Empower. If an employee chooses to participate in said plan, the City shall contribute 5% of the employee's gross wages and the employee can contribute an additional amount as allowed by federal regulation.

D. International City Management Association - Retirement Corporation (ICMA RC) 457 Plan. All full-time eligible employees are offered the option of participating in the 457 Retirement Plan. The employee has the option to have the City contribute its 5% of their gross wages and/or the employee can also contribute an additional amount as allowed by federal regulation.

City contribution and benefit provisions shall be determined by state statute and/or City Council action.

56

APPENDIX A: COUNCIL ADOPTED POLICIES

The following policies were adopted by the City Council and are located on the City of Saco’s SharePoint page.

• Code of Ethics/Conduct • Social Media Policy • Vehicle Use Policy • Acceptable Use of City-Issued Devices • Earned Paid Leave

Please review each of these policies on the city’s SharePoint page prior to signing the employee handbook acknowledgement form.

57

APPENDIX B: CITY REIMBURSEMENT POLICY

Work Related Travel and Training Employees required to travel on business for the City are reimbursed for expenses incurred for travel according to this policy. City employees on official business, out of town for the City, with prior approval of the City Administrator or their designee, shall be paid at the amounts set by the IRS Per Diem daily rates for meals (with no reimbursement for alcohol) and lodging. Eligible mileage reimbursement will be granted at the prevailing IRS rate per mile if using personal vehicles. Receipts are required for all travel expenditures and must be submitted within five (5) workdays upon the employee’s return. Employees who travel frequently during the workday will be provided a car-allowance in place of mileage reimbursement. This requires approval from the City Administrator. Employees will be paid by an approved appropriation in a departmental budget. The appropriation will be in the best interest of the City and will be approved by the department head. Travel will be accomplished at the least cost to the City. The City complies with the federal Fair Labor Standards Act and its amendment the Portal-To-Portal Act in compensating non-exempt employees for time spent in connection with work-related travel and training. The City’s travel and training policy and practice are as follows:

A. Travel to and from an employee’s residence Employees are not compensated for time spent traveling from their residence to their workplace before the start of the workday or traveling from their workplace to their residence after the workday ends. If the employee is called back to the worksite, outside of the employee’s regular work hours, travel to and from the work location will be compensated as time worked.

B. Travel from one workplace to another during the same day

Travel between or among the City’s work locations during the employee’s regular workday is compensated as time worked.

C. Travel to a Training

When employees are required to go to a training during their normal work hours, travel to and from the training is compensated as time worked. If travel is not during normal hours of work for the traveling employees, and if employees travel by car, the driver of the car is compensated for the travel time. Passengers who are not performing work during the travel time are not compensated.

58

D. Travel to another city on one-day assignments

When an employee must travel out of town for work but returns home the same day, time spent traveling during the day is compensable, regardless of the employee's regular work hours, except that the time the employee would have spent commuting to his or her regular work location may be deducted.

E. Travel that keeps employees away from home overnight When an employee is required to travel from their home and that travel spans more than one workday, hours actually spent traveling, e.g., in a car or on an airplane or train, will be compensated as time worked if such travel time is during the employee’s normal working hours.

Example: 1: If an employee normally works from 8:00 a.m. to 5:00 p.m. the City will compensate the employee for time spent traveling during that time period as hours worked. Time spent traveling before 8:00 a.m. and after 5:00 p.m. will not be compensated. Example 2: If an employee normally works Monday through Friday from 8:00 a.m. to 5:00 p.m. and the employee travels on a Saturday, time spent traveling by the employee between 8:00 a.m. and 5:00 p.m. on that Saturday will be compensated as time worked. Example 3: If an employee actually performs work on a non-workday while the employee is traveling, regardless of what time the work is performed, it will be compensated as time worked.

F. Training The City compensates all non-exempt employees for the time they spend in training, except when training meets the criteria to be unpaid. For time spent in training to be considered unpaid, the training must meet ALL the four criteria:

• Attendance is outside of the employee’s regular work hours; • Attendance is voluntary; • The course, lecture, or meeting is not directly related to the employee’s current

position; and; • The employee does not perform any productive working during such

attendance. Under FLSA regulations, training is considered directly related to the employee’s position if it is designed to help the employee handle their current job more effectively as distinguished from training the employee for another job or higher position.

G. Cell Phone Reimbursement The City recognizes a need for the use of cellular telephones by City employees in the performance of their duties. It will be the responsibility of the Department Head to justify and budget for the cellular phone allowance. The employee is responsible to meet the same standard of service with their personal phone that they would meet if the City issued them a

59

phone. The cellular telephone they use will be their personal property and therefore the employee will be responsible for the capital cost of the phone and the decision whether to carry insurance on the phone at their own expense.

Each classification will have a specific reimbursement monthly amount, set by the Finance Director. The reimbursement amounts including the $5 a month equipment allowance will be as follows:

Classification Plan amount Equipment Total Reimbursement Cell Phone $5 $5 $10.00 Medium Cell Phone $15 $5 $20.00 Heavy Cell Phone $35 $5 $40.00

As with other allowances, this is a taxable benefit that will be paid out through payroll on a biweekly basis. A cellular telephone authorization form shall be completed by the employee and reviewed and signed by Department Head and the City Administrator. The completed form shall then be forwarded to the Payroll office. The allowance shall continue until the Finance Director (or designee) is notified in writing by Department Head to discontinue the allowance or at a time that the employee is on a leave of absence exceeding 2 weeks (or any leave beyond vacation) or separates employment with the City.

60

APPENDIX C: SUBSTANCE TESTING PROCEDURE The City of Saco is committed to a drug and alcohol-free workplace. In order to ensure the safety of its employees and the general public, as well as be in compliance with Federal Regulations, the City of Saco has adopted this policy. The specific regulation which mandates alcohol and substance testing is Title 49 of the Code of Federal Regulations (CFR), Parts 382 and other pertinent pages of federal law. The Human Resources Director has been designated by the City Administrator as the Designated Employer Representative (DER). In this function, the Human Resources Director will be responsible to answer any questions from drivers, employees or the public in general. The DER will handle all information on all tests as confidential. The DER may provide such information as necessary to enable the appropriate supervisor to take proper actions as warranted. The DER may also release test information to the City’s Substance Abuse Professional to use to evaluate and recommend appropriate follow-up. Program Objectives

1. To provide employees with access to confidential counseling and/or rehabilitation programs and to detect illegal and unauthorized substance abuse and contraband in the workplace.

2. To reduce the opportunities for accidents and injuries and prevent damage to property. 3. To maintain and improve productivity, ensure quality, and to minimize employee absenteeism and

tardiness. 4. To maintain the highest levels of service to the public and our environment, thereby enhancing public

health, safety, and welfare.

Scope of the Program This policy will apply to all regular full-time, part-time and temporary employees who are required to hold a Commercial Driver's License (CDL) for their position. Compliance with this policy will also be required of successful job applicants who will be hired contingent on passing both drug and alcohol tests. In addition, all Non-CDL employees will be required to be tested based on reasonable suspicion and return to work. See below: Substances Tested The following substances will be tested to determine their presence:

1. Alcohol 2. Marijuana 3. Cocaine 4. Amphetamines 5. Phencyclidine (PCP) and 6. Opiates

Compliance with Regulations

61

All CDL employees subject to alcohol and drug testing must be in compliance with this policy at all times while working for the City. This will include all time spent operating commercial vehicles, as well as time spent maintaining or repairing these vehicles. Prescription Drug Use Employees covered by this policy may use prescription drugs and "over the counter" medications provided:

1. The prescription drugs or their generic equivalent have been prescribed to the employee within the past 12 months by an authorized medical practitioner.

2. Employees do not consume prescribed drugs more often than as prescribed by the employee's

physician, and do not allow any other person to consume the prescribed drug. 3. Any employee who has been informed that the medication could cause any adverse side effects while

working shall inform his/her supervisor prior to using these substances. The City at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication by an employee produces an adverse effect. If such a finding is made, the City may contact the employee's doctor (with permission) to determine if other medications are available which would not seriously affect the employee's ability to work safely. If an appropriate substitute medication is not available, the City may have to limit or suspend the employee's work activities to non-safety sensitive duties.

4. Any over the counter medications are taken according to package instructions and/or the advice of

the employee's doctor. Any precautions indicated (such as the potential for a product to cause drowsiness) shall be discussed by the employee with his/her supervisor before performing safety sensitive duties.

Tests Required All CDL employees who come under this policy shall be tested for alcohol and/or controlled substances under the following circumstances, and all employees will be tested based on reasonable suspicion (#4) and return to work (#5):

1. Pre-employment or pre-use. Alcohol and drug tests will be conducted when an offer is made to hire an employee for a CDL position. The offer for employment will be contingent on the applicant passing these tests. This includes existing employees who are applying for CDL positions.

2. Random. Testing will be conducted on a random unannounced basis. The number of annual drug

tests shall equal 50% of the number of CDL required positions while the number of annual alcohol tests shall equal 25% of the CDL required positions. The City has entered into an agreement 'with a Third-Party Administrator (TPA) to randomly select the CDL employees for testing and then notify the Program Administrator of the person or persons chosen. The City retains the right to participate in a random pool with other employers or conduct the random sample using only the City of Saco’s CDL holders.

3. Post-accident. Employees will be alcohol and drug tested following all accidents involving a fatality.

The employee will also be tested if he/she receives a summons for a "moving traffic violation” and must receive medical treatment away from the accident scene, or the employee receives a violation, and a vehicle must be towed regardless of responsibility. Alcohol tests will be performed as soon as possible. If the alcohol test cannot be performed within 8 hours, the employer will abandon all attempts for alcohol testing.

62

4. Reasonable suspicion. All employees who exhibit to two (2) supervisors who have received

supervisory drug training, signs and symptoms of alcohol and/or drug abuse while on the job, prior to reporting to work or just after work will be required to submit to an alcohol and/or drug test. The supervisors shall document the specific facts, symptoms observations by completing a "Reasonable Suspicion Record" form. If an employee suspects a supervisor of substance abuse the employee will notify the DER, or the Chair of the City Council of his/her suspicions. The DER or Chair will act in accordance with the appropriate sections of this policy. All employee reports will be kept strictly confidential. Anonymous complaints will not be investigated.

5. Return-to-work. An employee who previously tested positive must submit to an alcohol test and

drug test to return to duty. The results must be negative to return to work. 6. Follow-up. An employee who previously tested positive and has returned to duty must submit to a

combination of at least six (6) alcohol and drug tests during the first year after returning to work. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to work, not to exceed twelve (12) a year. * Random alcohol testing must be conducted just before, during or just after a driver's performance of safety-sensitive duties. Random drug testing does not have to be conducted in immediate time proximity to performing safety-sensitive functions. An employee is considered to be performing a safety sensitive function when he/she is actually performing, ready to perform or immediately available to perform any safety sensitive function.

Testing Procedures The City of Saco is contracted with a TPA to do the City’s alcohol and substance abuse testing. When an employee has been randomly selected, he/she will be notified by his/her appropriate supervisor and will proceed directly to the testing area. The City will call the collection facility to notify them that the employee is en route. All randomly selected individuals must comply with the testing. Sampling for substance abuse shall only be conducted in a medical facility supervised by a licensed physician or nurse. Employees and job applicants for CDL positions shall not be required to provide a urine sample while being observed, directly or indirectly, by another individual. Employees shall leave any personal belongings including any unnecessary clothing, coat, jacket or similar outer garment outside the collection area. All specimen samples shall be collected, sealed and stored in compliance with the National Institute on Drug Abuse (NIDA) guidelines as required by Federal Law, and transported to a licensed and certified laboratory for actual testing. Additionally, the chain of custody requirements for these samples shall be in accordance with NIDA guidelines and Federal Law in order to protect the sample from being tampered with and to verify the identity of each sample and test results. When the sample is first collected, a portion of the sample shall be segregated according to federal regulations. In the event there is a positive test with the first sample, the segregated sample may be requested by the employee for testing within seventy-two (72) hours after the employee is notified by the Medical Review Officer (MRO) of the positive test to confirm the accuracy of the results. This request should be made to the MRO. The employee shall pay the cost of testing the segregated sample. If the employee is aware of a situation that may have led to the positive test, such as taking of prescription drug or other medicines, he/she should make the fact known to the MRO at the time the urine sample is provided or within the required time after notification of a positive test. The City shall utilize the services of an 'MRO to interpret any confirmed positive test. An MRO is a licensed physician who is responsible for receiving the laboratory results. The MRO has knowledge of substance

63

abuse disorders and has appropriate medical training to interpret and evaluate an individual's medical history and any other medical information. The MRO shall discuss an employee's test results with the employee prior to notifying the City. Once the employee has been notified and the MRO is satisfied with the accuracy of the test results, the City shall be notified. All alcohol testing will be conducted with a Breath Testing Device (EBT), which will be administered by the same medical facility as the substance testing. Two (2) breath tests are required to determine if a person has an unacceptable alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a negative test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted within fifteen (15) minutes. The employee and the individual conducting the breath test shall complete the alcohol testing form to ensure that the results are properly recorded. Any individual who conducts the testing must be trained to operate the EBT and be proficient in the breath testing procedures. Prohibited Conduct During the time that the City’s CDL employees are performing their work, they shall not do any of the following:

1. Report to work and/or remain on duty with an alcohol concentration of 0.02 or greater; 2. Possess any alcohol; 3. Use any alcohol; 4. Use any alcohol within four hours prior to going on duty; 5. Use any alcohol within eight (8) hours after an accident which has required the CDL employee to

be tested for alcohol concentration; 6. Refuse to submit to a required alcohol and/or controlled substance test; 7. Report to or remain on duty when using any controlled substance, except when used under a

physician's orders and when the physician has informed the CDL employee in writing that the use will not affect the safe operations of a commercial vehicle. In the case of a written warning by the physician, the employee shall report this to his/her supervisor immediately;

8. Report to or remain on duty if the employee has tested positive for controlled substances.

Failure to comply with these rules is a violation of this policy and will result in disciplinary action or referral to a certified rehabilitation program by the City’s SAP. Refusal to Test Failure to submit to testing will automatically be considered a verified positive test and he/she will have to follow the procedures outlined in this policy. Specifically, the following circumstances will be considered a refusal to test:

1. Failure to report to the designated testing area within thirty (30) minutes of being notified to submit to a required test.

64

2. Failure to accurately provide a sufficient sample to be tested, either breath or urine as the case may

be, unless medically determined impossible to do so. Disciplinary Action Any employee who violates this policy may be subject to disciplinary action up to and including dismissal. Factors to be considered in determining the appropriate disciplinary response include but are not limited to the following: employee's work history, length of employment, current job performance and existence of past disciplinary actions. Specific actions which may be subject to dismissal include, but are not limited to the following:

1. Refusal to submit to a rehabilitation/counseling program after testing positive. 2. Failure to successfully complete a rehabilitation/counseling program after receiving a positive test. 3. The employee has substituted, adulterated, diluted or otherwise tampered with his/her urine sample.

4. While on the City of Saco premises, the employee was caught drinking alcohol or using, manufacturing, distributing, selling or possessing any illegal or unlawfully obtained substances or drugs.

5. The use of alcohol while on City premises. This includes a conviction for driving while intoxicated

(OUI) during work hours. 6. Failure to contact the City’s approved Substance Abuse Professional (SAP) within five (5) regular

working days after being notified of a confirmed (MRO certified) positive test for the use of an unauthorized substance.

Any permanent employee who tests positive the first time for either alcohol (blood alcohol concentration of .04 or greater) or substance misuse will be suspended until his/her "return to work" tests are negative, unless the City, at its discretion, is temporarily able to use the employee in a non-safety sensitive capacity. During this suspension the employee will be allowed to use accrued sick vacation, or personal time. He/she will be offered an opportunity for rehabilitation. The employee will enter a rehabilitation/counseling program deemed most appropriate by the City’s Substance Abuse Professional. Except to the extent that costs are covered by the employee's group health plan, the costs of the public or private rehabilitation/counseling program shall be equally divided between the City and the employee. The City may assist the employee in meeting his/her share of the expenses by setting up a payroll deduction plan. The offer of rehabilitation does not apply to job applicants, temporary or probationary employees. Employees who test positive a second time will be suspended immediately without pay and terminated after being notified of the second confirmed (MRO certified) positive test for the use of an unauthorized substance. Employees who are found to have an alcohol concentration of 0.02 or greater, but less than 0.04, will immediately be placed on unpaid leave for a minimum of twenty-four (24) hours. NOTE: During the period the City is awaiting an employee's test results due to a past accident or reasonable suspicion circumstance, the employee's duties will be suspended, and the employee will be placed on paid administrative leave until the City is advised that the substance abuse test is negative or positive. If the

65

employee receives a confirmed positive, the amount of time he/she was on paid administrative leave will be deducted from his/her paid sick or vacation leave. Employee/Applicant Rights and Responsibilities It is the responsibility of each employee to seek help before alcohol and/or drug problems lead to disciplinary action. In the event of a positive test result, employees and applicants shall have the opportunity to present an alternative explanation for the test result by contacting the Medical Review Officer (MRO). This shall be done no later than five (5) days after notification of the results. No further action will be taken if there is a justified explanation, or there is a reasonable doubt as to the accuracy of the result or chain of custody for the sample. Any employee or job applicant with a positive test result may also, upon written request within five (5) working days, have the right to any information relating to the test results and procedures. Any permanent employee who tests positive for a first offense, and cannot provide a satisfactory explanation, will be offered SAP referral to a certified rehabilitation program. An employee who receives his/her first confirmed positive test (alcohol concentration of .04 or greater) result will be suspended or at the City’s discretion temporarily assigned to a non-safety sensitive position and will be permitted up to six (6) months in a rehabilitation program designed to enable the employee to avoid future use of a substance abuse. The employee will enter a rehabilitation program deemed most appropriate by the City’s Substance Abuse Professional. The employee shall not have his/her pay and benefits reduced while participating in a rehabilitation program, provided that the employer is not required to pay for periods in which the employee is unavailable for work for purposes of rehabilitation or if he/she is certified by a physician to be medically unfit for duty. For these periods, the employee may use accrued vacation and sick leave. Upon successfully completing the rehabilitation/counseling program, as determined by the rehabilitation or treatment provider in consultation with the City, the employee is entitled to return to his/her previous job with full pay and benefits. The exception would be if conditions unrelated to the employee's previous test make the employee's return impossible. Any subsequent second offense positive test will result in immediate suspension without pay and termination after being notified of a second confirmed (MRO certified) positive test for the use of an unauthorized substance. Confidentiality of Information Unless the employee or applicant consents, all information acquired by the City in the testing process is confidential and may not be released to any person other than the employee or applicant who is tested, DER, or designees as well as the SAP or Rehabilitation Provider. The foregoing shall not prevent the release of information that is required or permitted by State or Federal Law, or the use of information in any grievance procedure, administrative hearing or civil action relating to the imposition of the test or the use of the test results. Any employee who wishes to seek personal and confidential advice on alcohol and/or controlled substances should contact a supervisor.

66

APPENDIX D: TELECOMMUTING POLICY

Introduction Saco will consider telecommuting when appropriate to maintain services during times of extended leaves, public emergencies, and other reasonable circumstances. Telecommuting is defined as work and transportation alternatives that substitute home-to-work commuting with the option of working at home. Telecommuting requires City Administrator approval on a case-by-case basis. The temporary telework agreement must be completed and approved prior to remote work occurring. This policy applies to the City of Saco employees who work a regularly scheduled workday that meet certain criteria. To ensure an effective, productive telecommuting program, the City of Saco establishes the following: A. General

1. Professionalism in terms of job responsibilities, work products, and customer or public contact will continue to follow the same high standards as are currently being met by City of Saco employees at their onsite work locations.

2. Telecommuters will be self-motivated and will demonstrate conscientiousness about work time and productivity.

3. Employees are required to track hours worked on a daily basis and submit hours to supervisor on a weekly basis.

4. The employee’s wages, benefits, workers’ compensation, and other employer insurance coverage will not change due to telecommuting. An employee who is telecommuting is not entitled to reimbursement for travel mileage to attend work meetings.

5. The employee’s duties, obligations, and responsibilities remain unchanged during the telecommuting arrangement. The employee will meet or communicate with their supervisor to receive assignments, review work progress, and complete work as often as the supervisor believes is necessary.

6. Telecommuting employees shall not perform personal business or activities during agreed-upon work hours.

7. While telecommuting, the employee must be reachable via telephone, network access, or e-mail during agreed-upon work hours.

B. Work Site

1. Since the employee’s home or satellite workspace is an extension of the City of Saco workspace, employees should ensure that safe working conditions exist.

2. The City will not be responsible for operating costs, home maintenance, property or liability insurance, internet costs, or other incidental expenses (utilities, cleaning services, etc.) associated with the use of the employee’s residence.

3. The City will not be liable for damages to the employee’s property that may result from participating in the telecommuting program.

4. A consistent schedule of telecommuting work hours and days is desirable to ensure regular and predictable contact with City of Saco staff and others. Employees should confirm this with their supervisor.

5. An FLSA non-exempt employee shall not work overtime unless he/she has received prior approval from his/her supervisor. If the employee works overtime that has been approved in advance, compensation or compensatory time off will be provided in accordance with

67

eligibility guidelines and applicable laws and policies. The employee understands that failure to obtain prior approval for overtime work may result in appropriate disciplinary action.

C. Supplies, Equipment, and Software Usage

1. Employees should request from their supervisor any supplies needed to maintain workflow at home. The City will not reimburse employees for out-of-pocket expenses for supplies unless approved by their supervisor.

2. The City will not provide worksite furniture for telecommuters. 3. The following conditions shall apply to use of computers, software, other City of Saco

equipment, and Internet access: a. Use of City of Saco communications and software systems by telecommuting

employees is subject to the City of Saco policies. b. The employee agrees not to duplicate City of Saco owned software. The

employee also agrees to abide by the licensing regulations and restrictions for all software under license to the City of Saco.

c. A computer used for City business must be plugged into a surge protector and have current virus protection maintained.

d. The employee must ensure they have at least a 10/10 internet connection to ensure phone service will work properly (proof from speed test verified by IT against external IP address).

e. IT will not troubleshoot external internet connections beyond ensuring the City VPN is connected and operational.

f. The City does not assume liability for loss, damage, or wear of employee-owned equipment. The City does not assume responsibility for any private property used, lost or damaged as a result of telecommuting.

g. The employee shall promptly notify his/her supervisor when unable to perform work assignments due to equipment failure or other unforeseen circumstances.

h. The City may pursue recovery from the employee for city property that is damaged, destroyed, or stolen while in the employee’s care, custody, or control if such loss results from the employee’s negligence.

D. Security

1. The employee will protect City of Saco information from unauthorized disclosure or damage and will comply with federal, state, and City rules, policies and procedures regarding disclosure of public and official records.

2. Work done at the employee’s telecommuting site is regarded as official City of Saco business. All records, documents, and correspondence, either in paper or electronic form must be safeguarded for return to the City worksite. Release or destruction of records should be done only in accordance with statute and City policy and procedure, and with the knowledge of the employee’s supervisor. Electronic/computer files are considered City records and shall be protected as such.

3. The employee shall surrender all City-owned equipment and/or data documents immediately upon request. Telecommuters are expected to comply with all document retention policies in existence with the City of Saco or in their specific department.

68

City of Saco EMPLOYEE ACKNOWLEDGEMENT FORM

You must return this form within ten (10) days of receiving the Employee Handbook.

As an employee of the City of Saco, I understand and agree that:

• I have reviewed the full Employee Handbook and all the appendices.

• I have asked Human Resources any questions I have about the policies and procedures contained therein, and I will comply with its policies and procedures to the best of my ability.

• I understand that the statements contained in the Handbook are intended to serve as general information concerning my employment with the City and its existing policies, procedures, practices of employment and employee benefits.

• Nothing contained in this Handbook is intended to create (nor shall be construed as creating) a contract of employment (express or implied) or guarantee employment for a definite or indefinite term.

• From time to time, the City may interpret, change, suspend or cancel all or any part of the policies, procedures, and benefits described in this Handbook.

Employee Name: _____________________ Dept: ___________________ Employee Signature: ____________________ Date: ___________________