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HomeMy WebLinkAboutORD 7233 AMEND ARC CODE SECTION 1-7-51 PERSONNEL POLICIES AND PROCEDURES ORDINANCE NO: 7233 AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE ARTICLE FOUR SECTION 1 -7 -51 RELATING TO THE ADOPTION OF PERSONNEL POLICIES AND PROCEDURES OF AUGUSTA, GEORGIA; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta, Georgia desires to update and amend the Code as related to distance between locations of licensees; THE AUGUSTA - RICHMOND COUNTY COMMISSION, ordains as follows: SECTION 1. AUGUSTA, GA. CODE Section 1 -7 -51 as set forth in the Augusta, Ga. Code, re- adopted July 10, 2007, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 1 -7 -51, restated as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this / ' day of d , 2011. 0 David S. Cope aver 0 As its Mayor Attest: q A °‘�' - V"4� 4 ' . / ,44 / *7 S r r y � j 7 Z e Commission .0: .11-- S �° EST. ` �Q�� s� rnnc t ,�` % CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta- Richmond County Commission on March 1 , , 2011 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). /, 4,,,,e(---)./,,,,,, Lena J. Bo ever, /{ Clerk of Commission Published in the Augusta Chronicle. Date: March 10, 2011 First Reading: February 15, 2011 Second Reading: March 1, 2011 Exhibit A • • - - - • Handbook, designated as Appendix B to the Augusta Richmond County Code and date of the rccodification of this Cede and all amendments thcr after. - - ' • • - - • - • - - - - 4. - adopted and designated as an appendix to the Augusta Richmond County Codc, it shall read as follows: 8. Abuse or theft of Augusta Richmond County property; under O.C.G.A. Title 16, Cha: " ' "• , ` County. For purposes of this paragraph, an admission of guilt, a plea of nolo contendere, or a plea under the first offender an admission of the offense. Further Scction 11.C.3.c. is hereby - - ` - - • - • follows: c. The Administrator shall render a decision on the proposal for dismissal bascd on all the relevant information; provided, 0 . _ _. Sec. 1 -7 -51. Adopted personnel policies and procedures. W. There is hereby adopted the Augusta, Georgia Personnel Policies and Procedures Manual, designated as Appendix B to the Augusta, Georgia Code and incorporated herein by reference and which includes all amendments through the date of the recodification of this Code and all amendments thereafter. fi b) Any amendments to the Augusta, Georgia Personnel Policies and Procedures Manual but for amendments re•uirin• •ro :rammin: modifications shall become effective on the first day of the month following approval by the Commission. Amendments to the Augusta, Georgia Personnel Policies and Procedures Manual that requires programming modifications shall become effective at the be :innin: of the first •ay period of the second month following approval by the Commission. L) Amendments to the Augusta, Georgia Personnel Policies and Procedures Manual that requires programming modifications include amendments pertaining to hours worked, compensation, leave accrual, and position management. C I 11---..----17.1.- 11--'-it----' ,-..„--i----?:icie, O R G 1 A PERSONNEL POLICY PROCEDURES MANUAL Table of Contents PERSONNEL POLICY & PROCEDURES MANUAL INTRODUCTION 11 CHAPTER I. ATTENDANCE & LEAVE POLICY 12 Section 100.001 Normal Hours of Operation 12 Section 100.002 Attendance 12 Section 100.003 Break Time 12 Section 100.004 Alternative Work Schedules 12 Section 100.005 Use of Accrued Compensatory Time Off 16 Section 100.006 Holidays 16 Section 100.007 Annual Leave /Sick Leave Accrual 17 Section 100.008 Fire Suppresion Personnel Paid Leave Policy 18 Section 100.009 Scheduling Annual Leave 18 Section 100.010 Request for Annual Leave 18 Section 100.011 Maximum Allowable Annual Leave Carryover 19 Section 100.012 Payment for Unused Annual Leave 19 Section 100.013 Rate of Payment for AL Following Promotion or Demotion 19 Section 100.014 Annual Leave Buy -Back Policy 19 Section 100.015 Scheduling of Sick Leave 20 Section 100.016 Maximum Allowable Sick Leave Carryover 20 Section 100.017 Payment of Unused Sick Leave 20 Section 100.018 Sick Leave Pool Policy 20 Section 100.019 Sick Leave Pool Eligibility 21 Section 100.020 Application for Membership in Sick Leave Pool 21 Section 100.021 Sick Leave Pool Contributions 21 Section 100.022 Use of Pooled Sick Leave 22 Section 100.023 Sick Leave Pool Committee 23 Section 100.024 Termination of Sick Leave Pool Membership 23 Section 100.025 Abuse of Sick Leave Pool Policy 23 Section 100.026 Military Leave 24 Section 100.027 Workers Compensation 27 Section 100.028 Disabilities Not Covered By Workers Compensation 27 Section 100.029 Maternity Leave 28 Section 100.030 Family and Medical Leave 28 Section 100.031 Leave of Absence Without Pay 34 Section 100.032 Leave of Absence Without Pay Regulations 35 Section 100.033 Absence Without Leave 36 Section 100.034 Leave of Absence With Pay 36 Section 100.035 Funeral Leave 36 Section 100.036 Jury Duty /Civic Duty Leave 36 Section 100.037 Special Meetings and Examinations 37 Section 100.038 Training and Education 37 Section 100.039 Excused Absences 37 Section 100.040 Days of Mourning 37 All Rights Reserved 2 1 P a g e Section 100.041 Emergency Leave 37 Section 100.042 General Administrative Leave 37 CHAPTER II. EQUAL EMPLOYMENT OPPORTUNITY 38 Section 200.001 Equal Employment Opportunity (EEO) 38 Section 200.002 Discrimation and Harassment -Free Workplace 38 Section 200.003 Disability Accomodation 39 Section 200.004 EEO Office Overview 40 Section 200.005 EEO Office Mission 41 Section 200.006 EEO Office Oversight and Jurisdiction 42 Section 200.007 EEO Office Access to Information and Date Collection 43 Section 200.008 Guidelines for Assessing Educational Credentials in EEO Matters 44 Section 200.009 Filing an EEO Complaint 44 Section 200.010 Complaint Inquiries and Investigations 44 Section 200.011 Complaint Process 45 Section 200.012 Employee Relocation in Connection with Pending EEO Case 46 Section 200.013 Confidentiality 47 Section 200.014 Honesty Code 47 Section 200.015 Management and Employee Cooperation 47 Section 200.016 Complaint Closure 47 Section 200.017 Prohibition Against Retaliation 48 Section 200.018 Final Internal Case Closure and Appeal Rights 48 Section 200.019 Policy Update, Jurisdiction and Other Matters 49 CHAPTER III. GRIEVANCES, DISCIPLINE & APPEALS 50 Section 300.001 Objective 50 Section 300.002 Grievance Policy Scope 50 Section 300.003 Grievance Policy Undertaking 50 Section 300.004 Grievance Policy Definitions 51 Section 300.005 Exclusions From the Grievance Procedure. 51 Section 300.006 Grievance Policy General Provisions 51 Section 300.007 Presenting a Grievance 52 Section 300.008 Grievance Process 52 Section 300.009 Grievance Witnesses 53 Section 300.010 Grievance Documentation 53 Section 300.011 Discipline 54 Section 300.012 Discipline Guidelines and Procedure 57 Section 300.013 Appeal of Submitted and Approved Discipline 60 Section 300.014 Appeals to the Personnel Board 61 Section 300.015 Personnel Board By -Laws 61 Section 300.016 Appeals from the Personnel Board to the Administrator 65 Section 300.017 Appeals from the Administrator to Superior Court 65 Notice of Letter of Warning (Form HR -ER I) 66 Notice of Disciplinary Action (Form HR -ER II) 67 Notice of Disciplinary Action (Form HR -ER III) 69 Notice of Disciplinary Action (Form HR -ER IV) 70 All Rights Reserved 3 1 P a g e Request for Administrative Review or Appeal (Form HR - ER V) 71 Notice of Final Decision (Form HR - ER VI) 73 Recommended Guideline for Disciplinary Action 74 CHAPTER IV. CAREER LADDERS, LATTICES AND JOB TITLING POLICY 79 Introduction 79 Section 400.001 Who is Eligible. 79 Section 400.002 What Positions are Eligible 80 Section 400.003 Why Participate in Career Ladders 80 Section 400.004 How to Initiate a Career Ladder Progression 80 Section 400.005 Pre- Approved Career Ladders 81 Section 400.006 Individual Career Ladders 81 Section 400.007 Estimating Pay Rate Upon Completion 82 Section 400.008 Supporting Documents to Start a Career Ladder 82 Section 400.009 Process to Complete a Career Ladder Review Request 82 Section 400.010 Compensation for Degrees, Licenses, and Certifications 83 Individual Career Ladder Form (HR -CA &M I) 85 Manager's Eligibility Checklist Form (HR -CA &M II) 87 CHAPTER V. COMPENSATION 88 A. GENERAL 88 Section 500.001 Compensation Philosophy 88 B. COMPENSATION ADMINISTRATION 90 Section 500.101 Authority of the Adminstrator 90 Section 500.102 Overview of Compensation Administration Program 90 Section 500.103 Compensation Program. 90 Section 500.104 Components of the Compensation Program 90 Section 500.105 Market Adjustments 91 Section 500.106 Exceptional Circumstances Adjustments. 91 Section 500.107 Effective Date of Salary Adjustment. 91 Section 500.108 Starting Rates for New Employees 91 Section 500.109 Employee Communication and Rights. 92 Section 500.110 Annual Salary Schedule Determination 92 Section 500.111 Annual Base Salary Adjustment Date 93 Section 500.112 Part-time Continuing Employment 93 Section 500.113 Rehired Employees 93 Section 500.114 Former Employees 93 Section 500.115 Retirees of Augusta, Georgia Statement of Policy 93 Section 500.116 Service Credit and Benefits 93 Section 500.117 Employee Lateral Transfers 94 Section 500.118 Temp. Work at a Higher Class/Provisional Employee 94 Section 500.119 Promotional Increase Policy 94 Section 500.120 Reclassification Promotions 94 Section 500.121 Procedures for Determining Promotional Increase 94 Section 500.122 Disciplinary or Involuntary Demotions 95 Section 500.123 Reclassification Demotions 95 All Rights Reserved 41 P a S e • Section 500.124 Voluntary Demotions 95 Section 500.125 Involuntary Demotions 96 Section 500.126 Overtime Policy 96 Section 500.127 Overtime Policy for Full -time Non - exempt Employees 96 Section 500.128 FLSA Section 207(K) Partial Exempt Employees 96 Section 500.129 FLSA Section 213(a)(3) Fully Exempt Seasonal /Recreational Employees97 Section 500.130 Overtime for Part-time, Non - Exempt Employees. 97 Section 500.131 Compensatory Time Policy For Non - Exempt Employees 97 Section 500.132 Maximum Compensation Time Accrual 98 Section 500.133 Employees Transferring From One Department/Office to Another 98 Section 500.134 Amendment of Salary Administration Program 98 Section 500.135 Interim Salary Policy 98 C. POSITION CLASSIFICATION PLAN 99 Section 500.201 Classification Plan 99 Section 500.202 Position Descriptions (Class Specifications) 101 Section 500.203 Official Copy of Class and Position Descriptions 101 Section 500.204 Titles of Positions 101 Section 500.205 Minimum Qualifications 102 Section 500.206 Procedures for the Allocation of Positions 102 Section 500.207 Procedures and Conditions for the Position Reallocation 102 Section 500.208 Procedures for the Re- grading of Positions 103 Section 500.209 Maintenance of the Classification Plan 104 Section 500.210 Dept. Reorganization/Reclassification Policy & Procedures 104 Section 500.211 Conducting Job Audit 105 Section 500.212 Administrative Review of Reclassification 106 D. OTHER COMPENSATION - RELATED POLICIES 106 Section 500.301 Compliance 106 Section 500.302 Interpretations 107 Section 500.303 Petitions 107 Section 500.304 Minimum Wage Policy 107 Section 500.305 Red Circle Rate 107 Section 500.306 Green Circle Rate 107 Section 500.307 Within -Grade Increase/ Step Increase Pay Policy 107 Section 500.308 Senior Executive Service (SES) Group Policy 109 Section 500.309 Immediate Vesting for SES Employees 111 Section 500.310 SES Group Member Affected by Reduction in Work Force Policy 111 Section 500.311 SES Group Severance Pay Policy 112 Section 500.312 Notice of Resignation Required for SES Employees 112 Section 500.313 Moving and Relocation Expenses 113 Section 500.314 Annual Leave for SES Employees 113 Section 500.315 SES Employee Probationary Period 113 Section 500.316 Compensation Inaccuracies and Corrections 113 CHAPTER VI. EMPLOYEE INCENTIVE AWARDS PROGRAM (EIAP) 116 Section 600.001 Purpose 116 Section 600.002 Employee of the Month/Year Performance Awards 116 All Rights Reserved 5 1P age Section 600.003 Procedures for "Years of Service" Award 118 Section 600.004 Retirement Recognition 119 Section 600.005 Administration and Budget 119 CHAPTER VII. DRESS CODE & PERSONAL APPEARANCE 120 Section 700.001 Professional Dress and Appearance 120 Section 700.002 Clothing Restrictions 120 Section 700.003 Uniforms 120 Section 700.004 General Prohibitions 121 Section 700.005 Personal Grooming and Hygiene 121 Section 700.006 Policy Violations 121 CHAPTER VIII. EMPLOYMENT, RECORDS & HRIS 123 Section 800.001 Authority of Administrator 123 Section 800.002 Nature of Employment 123 Section 800.003 Nepotism 123 Section 800.004 Position Management Program 124 Section 800.005 Vacant Positions 126 Section 800.006 Competitive Job Posting Process 127 Section 800.007 Competitive Process Exemptions 127 Section 800.008 Application Process 128 Section 800.009 Applicant Screening 128 Section 800.010 Qualifications and Requirements 129 Section 800.011 Fire Fighter I Recruitment Procedures 130 Section 800.012 Veteran Preference 132 Section 800.013 Interview Process 133 Section 800.014 Contigent Job Offer /Tentative Job Offer 134 Section 800.015 Background Checks 135 Section 800.016 Criminal History 135 Section 800.017 Rejection 136 Section 800.018 Final job Offer 136 Section 800.019 Appointments /Transfers 137 Section 800.020 Probation Periods 140 Section 800.021 New Employee Orientation 140 Section 800.022 Immigration Law Compliance 141 Section 800.023 Conflicts of Interest 141 Section 800.024 Outside Employment 142 Section 800.025 Political Activities 142 Section 800.026 Employee Separation and Termination 144 Section 800.027 Layoffs /Reductions in Force 145 Section 800.028 Employee Exit Interview 146 Section 800.029 Personal Information and Personnel Records 147 Section 800.030 Access to Personnel Files 147 Section 800.031 Employee Reference Checks 148 Section 800.032 Personnel Data Changes 148 Section 800.033 Smoking 148 Section 800.034 Polygraph 148 All Rights Reserved 6 1 P a g e Section 800.035 Workplace Violence 149 Section 800.036 Cellular Phones 150 Section 800.037 Fitness - for -Duty Policy 151 Section 800.038 Fitness -for Duty Procedures 152 Section 800.039 Workplace Relationships 153 Section 800.040 Elected Officials and Their Employees 154 CHAPTER IV. SUBSTANCE ABUSE 155 A. GENERAL 155 Section 900.001 Policy and Purpose 155 Section 900.002 Policy Intent 155 Section 900.003 References 156 Section 900.004 Definitions 156 Section 900.005 Prohibitions 159 Section 900.006 Consequences for Violations 160 Section 900.007 Notification Requirements 160 Section 900.008 Testing Procedures 160 Section 900.009 Actions Required for Positive Test 161 Section 900.010 Split Sample Testing 162 Section 900.011 Review of Termination Recommendation 162 Section 900.012 Rehiring Terminated Employees 162 Section 900.013 Alcohol Testing of Transit Employees and CDL Holders 163 Section 900.014 Refusal to Submit to Testing 163 Section 900.015 Confidentiality 164 Section 900.016 Contractors 165 Section 900.017 Changes to Policy 165 Section 900.018 Contact Person 165 B. INDIVIDUALS SUBJECT TO TESTING 165 Section 900.100 Individuals Subject to Testing 165 Section 900.101 Applicants/New Employees 165 Section 900.102 Transfers /Promotions 166 Section 900.103 Return to Duty 166 Section 900.104 Post - Accident 166 Section 900.105 For -Cause (Reasonable Suspicion) Testing 167 Section 900.106 Random Testing Program. 168 C. MISCELLANEOUS 170 Section 900.201 Training 170 Section 900.202 Rehabilitation Policy 170 Section 900.203 Relationship to Previously Established Procedure 171 Section 900.204 Forms 171 Contractor Certificate (Form SA -1) 172 Substance Abuse Coverage Form (Form SA -2) 173 Test Consent Form (Form SA -3) 174 For -Cause Test Authorization Form (Form SA -4) 175 Supervisor Referral Form (Form SA -5) 177 Collection Site Checklist (Form SA -6) 179 All Rights Reserved 7 1 P a g e Information Request Form (Form SA -7) 180 Alcohol Fact Sheet (Form SA -8) 181 Acknowledgement of Receipt of Substance Abuse Policy (Form SA- 9)183 CHAPTER X. SAFETY 184 A. GENERAL 184 Section 1000.001 General Safety Policy Statement 184 Section 1000.002 Purpose 184 Section 1000.003 Applicability 184 Section 1000.004 Program Goals 184 Section 1000.005 General Provisions 184 Section 1000.006 Administration 185 Section 1000.007 Safety Policy Responsibilities 185 Section 1000.008 Risk Management Committee 185 Section 1000.009 Safety Review Committee 185 Section 1000.010 Finance Department Director 186 Section 1000.011 Department Directors 186 Section 1000.012 Superviosry Personnell 187 Section 1000.013 Department Safety Officers 187 Section 1000.014 Employees 188 Section 1000.015 Condition of Employment 188 B. VEHICLE SAFETY 189 Section 1000.101 General Vehicle Safety Policy 189 Section 1000.102 Vehicle Safety Responsibilities 189 Section 1000.103 Driver Pre - Operation Inspections 190 Section 1000.104 General Vehicle Safety 190 Section 1000.105 Seat Bealts 192 Section 1000.106 Items Prohibited From Being Carried in Augusta, GA Vehicles 192 Section 1000.107 Reporting Driving Citations/Violations 193 Section 1000.108 Motor Vehicle Record Checks 193 Section 1000.109 Age and Employment Status Restricitons 194 Section 1000.110 General Vehicle Accident Provisions 194 Section 1000.111 Vehicle Accident Responsibilites 194 Section 1000.112 Vehicle Accident Procedures 195 Section 1000.113 Damaged Vehicles 196 Section 1000.114 Vehicle Accident Investigation Purpose 196 Section 1000.115 Required Vehicle Accident Investigations 196 Section 1000.116 Vehicle Accident Investigation Responsibilities 197 Section 1000.117 Preparation of the Fleet Accident Report 197 Section 1000.118 Exceptions to Fllet Accident Report 198 Section 1000.119 Witness Statements 199 C. SAFETY TRAINING 199 Section 1000.201 General Safety Training 199 Section 1000.202 Safety Training Specifics 200 Section 1000.203 Specialized Training 200 All Rights Reserved 8P a g e D. PERSONAL PROTECTIVE EQUIPMENT (PPE) 201 Section 1000.301 PPE General 201 Section 1000.302 PPE Responsibilities 201 Section 1000.303 General Safety Equipment 202 Section 1000.304 Minimum Essential Requirements 203 Section 1000.305 Employee Non - Compliance/Non -Use of PPE 203 Section 1000.306 PPE Funding 203 E. SAFETY REVIEW COMMITTEE (SRC) 203 Section 1000.401 Declaration 203 Section 1000.402 SRC Purpose 204 Section 1000.403 SRC Membership 204 Section 1000.404 Member Tenure 204 Section 1000.405 Definitions 205 Section 1000.406 Authority 205 Section 1000.407 Penalties 206 Section 1000.408 Procedures 206 Section 1000.409 Appeals 207 Section 1000.410 Employee Files 207 Section 1000.411 Employee Point System 208 F. RISK MANAGEMENT COMMITTEE (RMC) 208 Section 1000.501 Declaration 208 Section 1000.502 RMC Membership 208 Section 1000.503 Objectives 209 G. WORKER'S COMPENSATION 209 Section 1000.601 Purpose 209 Section 1000.602 General 209 Section 1000.603 Definitions 210 Section 1000.604 Responsibilities 210 Section 1000.605 Emergency Procedures 211 Section 1000.606 Non - Emergency Procedures 211 Section 1000.607 Clearance to Return to Work 212 Section 1000.608 Workers Comp. Temporary Duty Purpose 212 Section 1000.609 Workers Comp. Temporary Duty General Guidelines 212 Section 1000.610 Workers Comp. Temporary Duty Assignment 213 Section 1000.611 Returning to Full Duty From Workers Comp. Temp. Duty 213 Section 1000.612 Workers Comp. Temp. Duty Definitions 214 Section 1000.613 Workers Comp. Temp. Duty Forms 214 CHAPTER XI. OTHER RISK MANAGEMENT RELATED POLICIES 215 A. CLAIMS ADMINISTRATION 215 Section 1100.001 Claims Administation Purpose 215 Section 1100.002 General Claims Administration Policy 215 Section 1100.003 Claims Administration Responsibilities 215 Section 1100.004 Claims Administration Procedures 216 All Rights Reserved 9 1 P a g e B. HOUSEKEEPING 216 Section 1100.101 Housekeeping Policy Overview 216 Section 1100.102 Housekeeping 216 Section 1100.103 Housekeeping Procedures 216 Section 1100.104 Rules for Housekeeping 217 C. SAFETY INSPECTIONS 217 Section 1100.201 Safety Inspections 217 Section 1100.202 Inspections 217 D. LOSS PREVENTION 218 Section 1100.301 Loss Prevention Purpose 218 Section 1100.302 Loss Prevention Policy 218 Section 1100.303 Loss Prevention Applicability 218 Section 1100.304 Loss Prevention Responsibilities 218 Section 1100.305 Lost, Damaged or Destroyed Property 219 Section 1100.306 Theft or Vandalism 219 Section 1100.307 Property Accountability 219 Section 1100.308 Supplies 220 E. VEHICLE OVERSIGHT PROGRAM 220 Section 1100.401 Vehicle Oversight Program Purpose 220 Section 1100.402 Vehicle Oversight Program Concept 220 Section 1100.403 Vehicle Oversight Program Applicability 220 Section 1100.404 Vehicle Oversight Program Responsibilities 220 Section 1100.405 Vehicle Oversight Program Funding 221 CHAPTER XII. INFORMATION TECHNOLOGY 246 Section 1200.001 Computer Usage 246 Section 1200.002 Two -Way Radios 253 Section 1200.003 Department- Issued Cellular Telephones 253 Section 1200.004 Violation of Policies 254 APPENDIX Definitions 255 Election of Coverage by an Elected Official 270 Acknowledgement of Receipt 271 All Rights Reserved 10 P a g e INTRODUCTION Purpose The purpose of this Personnel Policy and Procedures Manual ( "Manual "), together with the position classification and pay plan, is to provide the fundamental features for an effective system of personnel administration for Augusta, Georgia. These personnel policies and procedures are not and do not form an express or implied contract between Augusta, Georgia and its employees. The policies and procedures of Augusta, Georgia contained herein are subject to revocation or modification by the Augusta, Georgia Commission at any time and shall be superseded by any changes mandated by state or federal legislation. Any official action taken by the Commission will supersede the contents of this Manual. The intent of this Manual is to provide a source of information for Department Directors, supervisors, and employees. The Administrator is responsible for administering the policies and procedures of Augusta, Georgia. Employees Covered This Manual applies to all employees of Augusta, Georgia, and by adoption of Augusta, Georgia's elected officers, and all boards, commissions, and authorities, unless specifically excluded by these policies and procedures or by other state law or Augusta, Georgia ordinance. Department Directors are at -will employees. The Administrator shall have the exclusive right to recommend appointment and discharge of Department Directors to the Commission and the Commission shall, at its sole discretion, approve or deny such recommendation. The Administrator, Clerk of Commission, DBE Federal Program Director, the Equal Opportunity Director, and General Counsel shall be appointed and discharged directly by the Augusta, Georgia Commission. Nothing in these personnel policies and procedures should be construed as allowing SES employees or employees of elected officials to attain a property interest in their positions. Employees of the 911 system are excluded from the section concerning the appeals process, and instead, may appeal directly to the 911 Committee whose decision shall be final. However, exclusion from all or part of this Manual does not exempt anyone from equal employment opportunity practices that may be required by state and federal laws. Severability If any of the provisions of these policies and procedures or if any of the regulations or orders, or the application of such provisions to any person or circumstances shall be held inoperative, void or invalid, the remaining portion of these policies and procedures and the application of such provisions to persons or circumstances other than those as to which it is held inoperative, void, or invalid, shall not be affected thereby. These provisions supersede all existing policies and practices of Augusta, Georgia. All Rights Reserved 111Page CHAPTER I. ATTENDANCE AND LEAVE Section 100.001 Normal Hours of Operation The normal hours of operation for Augusta, Georgia are 8:30 a.m. to 5:00 p.m. Monday through Friday, with one (1) unpaid hour for lunch. Each Department Director may establish alternative work schedules as necessary for their department. The normal workday is seven and one -half (7.5) hours. Each Department Director shall schedule their full -time personnel for a minimum thirty -seven and one -half (37.5) hours per work week. This policy does not apply to any employees on shift schedules. Section 100.002 Attendance Each employee is responsible for the proper recording of his or her attendance. Under no circumstances is an employee to alter another employee's attendance record, including, but not limited to, changing or filling out another employee's time card and/or punching another employee in or out, unless specifically authorized by the Department Director in advance. Each Department Director shall be responsible for the attendance of all persons in his or her department. Each department shall maintain complete attendance records on each employee. Violation of this policy may result in disciplinary action, up to and including termination. Section 100.003 Break Time Non- exempt employees (other than Fire Suppression personnel) may be allowed two (2) fifteen- minute breaks per workday at times established by their Department Director. Generally, one break will be taken in the morning and one in the afternoon. Unused break time may not be counted toward overtime and/or compensatory time and may not be accrued or carried over. Section 100.004 Alternative Work Schedules PURPOSE AND SCOPE This policy establishes policies and procedures for the Augusta Alternative Work Schedules program. This policy does not apply to any employees on shift schedules. BACKGROUND The normal hours of operation for each department are 8:30 a.m. to 5:00 p.m. with one (1) hour for lunch, Monday thru Friday for non -shift workers. Alternative hours can be established by the Department Director with the approval of the Administrator. Each Department Director shall schedule their full -time personnel for a minimum thirty -seven and one -half hours per workweek. Department Directors are encouraged to provide maximum flexibility for their employees. However, because of specific job requirements, the same degree of personal choice may not be possible for all employees. Department Directors have the authority and responsibility to require work hour adjustments to meet special work situations and the responsibility to account for the overall performance of the organization. All Rights Reserved 12 1 P a g e Employee participation in AWS is subject to management approval. In addition, supervisors may require an employee's presence during specific hours for a certain period of time or a particular meeting. Management may at any time alter a previously approved schedule to accommodate the requirement for meetings, travel, training, conferences, and other essential work - related activities. Augusta supports the concept of AWS which includes the use of all the approved options described in this Section. The needs of the employees must be balanced with the ability of Augusta to accomplish its mission. Department Directors are expected to work with employees to allow maximum flexibility utilizing AWS, while at the same time ensuring the mission is accomplished. Augusta encourages Department Directors to utilize a team -based approach in establishing AWS. POLICY Augusta supports and promotes Alternative Work Schedules that enhance the government's capacity to respond appropriately, effectively, and timely to daily work requirements and serve the needs of the community. Augusta management and eligible employees will adhere to the established procedures for requesting and approving AWS in a way that accounts for overall performance of the agency and the accomplishment of its mission. Augusta's AWS takes into account the schedules of Public Safety agencies and assures that there is adequate coverage during official operational hours and in times of emergency. Procedures for emergency situations and communication plans must be clearly delineated by the respective Public Safety Department to ensure adequate coverage in times of emergency. Proper record maintenance, certification and timekeeping procedures and processes must be clearly delineated and adhered to. A. Program Structure /Elements 1. Flexible Schedules: The basic work requirement for a full -time employee will consist of 7.5 hours in a day, 37.5 hours in a week, and 75 hours in a biweekly period. 2. Compressed Schedules: A full -time employee must work 75 hours in a biweekly period but may be scheduled to work fewer than 10 workdays. 3. In (1) and (2) above, the biweekly period must coincide with the pay period. 4. Overtime, Holiday, and Compensatory Time: Overtime must be requested and authorized by supervisors in advance. If an employee is required by management to work hours which are in excess of forty (40) hours, such hours must be compensated as either compensatory time or overtime in accordance with the premium pay provisions of Title 5 and Title 38 of the United States Code and the overtime provisions of the Fair Labor Standards Act. 5. Lunch Periods: The official lunch period is 1 hour, but may vary by Department. Employees may not skip lunch time in order to leave work early without the prior approval of the Department Director. The schedules described below are referring to working hours and do not include the 1 hour lunch break. All Rights Reserved 13 P a g e 6. Work Schedule Designations: All work schedules must be approved/disapproved by the Department Director or his/her designee. 7. Time Accounting: Employees will report their time and attendance in accordance with the requirements of the Department Director. 8. Training: Employees attending conferences or training courses will be guided by the schedules for conferences or training courses and alter their FWS accordingly. This normally will involve reverting to the normal workday schedule. Training courses or conferences will not alter the requirement for all employees to account for their approved work schedule. B. Alternative Work Schedule Options 1. Authorized flexible schedules a. Flexitour: This schedule allows an employee to select arrival and departure times within a flexible time band; however, once selected, the hours become the employee's regular work schedule. b. Types of Hours: Core and flexible hours will be observed in the establishment of flexible work schedules. i. Core Hours are those hours when all full -time employees on flexible schedules must be on duty during their scheduled workdays or in an appropriate leave status (including credit hour time off). The Augusta core hours are 9:00 a.m. to 11:00 a.m. (morning core band) and 1:00 p.m. to 3:30 p.m. (afternoon core band), Monday through Friday. Meetings are to be scheduled during core hours unless it is not feasible to do so. Also, with prior approval, lunch breaks may be used during core hours. Part-time employees continue to work originally appointed hours unless the employee and supervisor agree on changes. ii. Flexible hours are those hours of the workday within which the employee has the option to select and/or vary the arrival and departure times. The Augusta flexible hours are 5:00 a.m. to 9:00 a.m. (Morning flex), 11:00 a.m. to 1:00 p.m. (Midday flex), and 3:30 p.m. to 8:00 p.m. (Evening flex band), Sunday through Saturday. For employees on a flexitour schedule, the midday flex band allows employees to extend their lunch periods up to an additional 1 hour and add the extra time at the end of the day. For example, an employee can begin work at 6:30 a.m., take an 1 1/2 hour lunch (or personal) break and end work at 3:30 p.m. 2. Authorized compressed schedules a. 4 -Day Workweek: This schedule allows employees to work 37.5 hours a week, with 1 non - workday each week of the pay period. Employees preselect fixed arrival and departure times and two fixed non - workdays according to one of the following schedules: three 9.5 hour days and one 9 hour day; or three 10 hour days and one 7.5 hour day. Starting times may be scheduled between 6:00 a.m. and 9:00 a.m. b. "5 -4/9" Plan: This schedule allows exempt employees only to work eight 8.5 -hour days and All Rights Reserved 141 P a g e one 7 -hour day with 1 nonworkday each pay period. Employees preselect fixed arrival and departure times and a fixed nonworkday. Starting times may be scheduled between 6:00 a.m. and 9:00 a.m. 3. Restrictions a. Employees must work or account for their basic work hour requirement by sick or annual leave, compensatory time off, leave without pay, or excused absence. b. Employees wishing to terminate their flexible or compressed schedule may do so at the end of the current pay period. The schedule to which the employee will return will be approved by the supervisor. c. Employee requests to change to a different work schedule will be considered each calendar quarter. Such requests must be submitted at least two full pay periods before the start of the quarter and, if approved, will be effective at the beginning of the first pay period after January 1, April 1, July 1, or October 1 of each year. d. While supervisors are expected to make every effort to schedule meetings and other special activities during core times, there may be times when a supervisor will ask an employee to arrange his/her schedule to meet program needs. When possible, the employee will be given advance notice of the special need. If a supervisor determines that the work schedules within an organization are adversely affecting the ability of a group or unit within the organization to accomplish the work efficiently and /or provide service to the public and/or the schedule increases significantly the cost of the operations, the supervisor may adjust employees' choices of arrival and departure times, adjust the use of credit hours, or explore other options, including discussions with the work group, prior to terminating an individual from participating in AWS. 4. RESPONSIBILITIES a. Human Resources Department Human Resources staff maintains up to date information about policies, rules and regulations related to work schedules. HR provides information to staff, management and supervisors about changes that impact employees and the agency as a whole. HR provides guidance on how to best comply with policies, rules and regulations related to work schedules of Augusta. b. Department Directors i. Depattment Directors approve or disapprove a flexible or compressed work schedule within a department only after a consultation with the immediate work group. A proposed schedule should be disapproved only if it would have an adverse impact on the mission (e.g., a reduction in productivity, a diminution in the level of service to our customers, or a documentable increase in the cost of operations). ii. Department Directors plan and organize assignments to provide work and measurement of accomplishment during the employee's hours. AWS provides greater freedom for all employees to choose their working hours. There will be no routine overtime or compensatory time granted in order to provide adequate supervision or telephone coverage; needs should be anticipated and schedules made accordingly. Supervisors must All Rights Reserved 15 1 P a g e assume responsibility for proper record maintenance, certification, and reporting of information to timekeepers. Supervisors should also ensure that each employee knows who to contact in the event of an emergency. c. Employee AWS gives each employee a measure of personal control over the work environment which previously had not been possible. This new freedom is accompanied by an equal degree of responsibility. Each employee is expected to be present during the core period on scheduled workdays and to fulfill the commitment to account for a full 75 -hour biweekly period for full- time employees or a prearranged schedule for part-time employees. Each employee is expected to cooperate with coworkers and supervisors to ensure effective use of AWS. Section 100.005 Use of Accrued Compensatory Time Off Non - exem empl may anrud sime ff in order to extend any period of leave allowed under oyees these policies use an d proceacc d e compen, so long as atory the t extension o is approved by the employee's Department Director and the leave does not violate any other policy and procedure in this Manual. Section 100.006 Holidays All full -time employees (except Fire Suppression personnel) shall be eligible for holiday leave (7.5 hours) for the following days and other days as designated by specific action of Augusta, Georgia Commission: • New Year's Day • Martin L. King, Jr. Day • Good Friday • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • Day after Thanksgiving • Christmas Eve • Christmas Day Holiday schedules in certain departments may vary as directed by the Augusta, Georgia Commission. Whenever a holiday falls on a Saturday, the preceding Friday shall be designated as a substitute holiday and observed as the official holiday for that year. Whenever the holiday falls on a Sunday, the following Monday shall be designated as the official holiday for that year. Holiday schedules may be adjusted at any time at the Administrator's direction. An employee, who is not on approved leave, is suspended for disciplinary reasons, or who fails to report on his or her scheduled workday (except for emergency situations), before or after a holiday, will not be paid for the holiday. All Rights Reserved 16 1 P a b e Holidays that occur during vacation or sick leave shall not be charged against vacation or sick leave. Contract, temporary and part-time employees will not be paid for holidays not worked. Full -time employees, other than Public Safety, scheduled to work on an official Augusta, Georgia holiday shall be paid at a rate one and one -half times the regular rate for each hour worked during the actual holiday, in addition to the employee's holiday pay. Section 100.007 Annual Leave /Sick Leave Accrual Vacations are for rejuvenating both physical and mental faculties and all employees are urged to avail themselves of vacation periods. Annual Leave (AL) may be used for vacations and personal use. Eligibility for Annual Leave: Full -Time Employees. All full -time employees shall be entitled to earn and accrue paid time off. Temporary and part -time employees. Temporary and part-time employees shall not be eligible for Annual Leave or Sick Leave. Eligible non -SES employees begin to accrue Leave immediately upon employment and will be entitled to take Annual Leave upon completion of six (6) months of employment. SES employees shall begin to accrue Leave immediately upon employment and will be entitled to take Annual Leave immediately upon accrual. Leave Accrual: No accrual of AL or SL is allowed while on leave of absence without pay, while suspended, or while on workers' compensation or salary continuation in lieu of workers' compensation. Earnings Rate for Annual Leave and Sick Leave Accrual for non -SES regular employees (excluding Fire Suppression personnel). Years of Monthly Total Monthly Total Annual Service Annual Leave Total Sick (AL) (SL) AL SL 0 -1 year 4 Hours 8 Hours 48 96 1 -3 years 8 Hours 8 Hours 96 96 3 -5 years 10 Hours 8 Hours 120 96 5 -10 years 12 Hours 8 Hours 144 96 10 -15 years 14 Hours 8 Hours 168 96 15+ 15 Hours 8 Hours 180 96 Employees, who leave Augusta, Georgia and are then rehired within one year, will be eligible to count past years of service when applying this policy, provided they gave appropriate notification of resignation and worked out their notice. Persons rehired after one year has passed will be treated as a newly hired employee with no credit for previously worked time. All Rights Reserved 17 j P a g e Section 100.008 Fire Suppression Personnel Paid Leave Policy Fire Suppression Personnel begin to accrue Annual Leave /Sick Leave (AL /SL) immediately upon employment and will be entitled to take vacation upon completion of six (6) months of employment. Vacation may be taken as earned or may be allowed to accumulate in an amount not to exceed 288 hours per year. Accrual Schedule Hours Hours Per Year Days Per Year 0 12.Mon € 13 -60 Months 4.62 hrs /pay period 120 5 z b -120 121 -180 Months 6.46 hrs /pay period 168 7 Bit Ty, a - 240 + Months 11.08 hrs /pay period 288 12 All vacation for fire suppression personnel will be taken between January 1 and December 20 of each year. Fire Suppression Personnel accrue sick leave at the same rate as all other regular, full -time employees as described in Section 100.007 herein. Fire Suppression Personnel accumulate and carry over a maximum of 1,518 hours of sick leave. In lieu of the regularly scheduled holidays received by other employees, Fire Suppression Personnel will be granted one hundred twenty (120) hours of Holiday Leave per year. Holiday Leave may be used by an employee upon completion of six (6) months of employment. Scheduling and use of AL, SL and Holiday Pay, including for illness, must be done in accordance with the Fire Department's policies and procedures. Fire Suppression Personnel must take vacation in increments of twenty -four (24) -hour shifts. All vacations and personal use of Annual Leave must be scheduled by December 31 of the previous year. Section 100.009 Scheduling Annual Leave Requests for annual leave usage will first be scheduled in the best interest of the department and, secondly, at the employee's convenience. The Department Director must decide to approve or disapprove annual leave in advance. Section 100.010 Request for Annual Leave A request for annual leave by any employee, other than a Firefighter, shall be submitted to the employee's immediate supervisor within a reasonable time (normally not less than two (2) weeks, except in the case of illness) in advance of the beginning date of the leave of absence and shall be made in accordance with the current policies and procedures of the department. Leave must be scheduled and approved by the appropriate supervisor in advance according to this Manual. Leave may be taken only after approval by the appropriate Department Director so that, insofar as practicable, the department can function without the hiring of additional temporary help. Leave shall be authorized in units of days or hours only. Leave taken outside the guidelines for approval is considered to be unscheduled leave and may result in a charge of absence without official leave (AWOL), disciplinary action, and/or adversely affect an employee's All Rights Reserved 181 P a g e performance review. The determination of the Department Director on the matter of scheduled annual leave shall be final. Section 100.011 Maximum Allowable Annual Leave Carryover The maximum allowable Annual Leave that may be accrued and carried into the next calendar year for all employees (except SES Employees), including Fire Suppression personnel, is two hundred and eighty - eight (288) hours. When extreme operational matters and/or emergencies occur and the employee had requested leave and the leave had been approved, an extension may be granted to use the leave at a later time. The extension to use this approved leave shall be granted by the Administrator. Employees who are granted this extension shall have ninety (90) days from the date of approval by the Administrator to take the leave or it will be forfeited. It is the intent of these rules to have employees take their Annual Leave during the calendar year of accrual. Section 100.012 Payment for Unused Annual Leave When an employee is separated from Augusta, Georgia, such employee shall be paid for all accrued unused AL unless he /she fails to give proper notice of resignation or has failed to complete twelve (12) months of continuous service excluding periods of LWOP. Section 100.013 Rate of Payment for Annual Leave Following Promotion or Demotion Employees using AL after the effective date of their promotion or demotion to a higher or lower job classification shall receive annual leave pay at the rate in effect at the time the leave is taken. Section 100.014 Annual Leave Buy -Back Policy Purpose To establish a program that allows annual leave to be converted to cash payments in lieu of taking time off for all eligible employees of Augusta, Georgia. This program is contingent upon availability of funds, with approval of the administrator. Scope This policy shall apply to all eligible employees serviced by Augusta, Georgia's Human Resources Department as described below. Procedures A. Any eligible employee may request to sell annual leave to Augusta, Georgia Human Resources Department. 1. Eligible employees are a. Full -Time b. Employees who are eligible to accrue leave 2. Ineligible employee are a. Contract employees paid by an agency other than Augusta, Georgia b. Employees of the Sheriff's Department All Rights Reserved 19 1 P a g e c. All employees of Constitutional Officers and/or Elected Officials that have officially elected not to have their employees subject to Augusta, Georgia Policies and Procedures. d. The following extraordinary appointments i. Temporary ii. Part-time B. An employee may sell a minimum of eight (8) hours and a maximum of forty (40) hours of AL per fiscal year. C. An employee must maintain a minimum Annual Leave balance of seventy -five (75) hours after the leave is sold. D. Once sold, the appropriate amount of AL shall be permanently deducted from the employee's leave balance. E. Requests to sell AL must be submitted through the Department Director to the Human Resources Director, no later than November 1 of each year. F. Payment for AL sold shall be included in the last payday on or before December 25 each year. G. AL sale by any eligible employee is strictly voluntary. H. The payout of any AL shall be contingent upon availability of funds as determined by the Administrator. Section 100.015 Scheduling of Sick Leave Employees that need to use SL must notify their supervisor as soon as practicable of this need, but in any event no later than thirty (30) minutes after the employee's scheduled start time. Failure to notify immediate supervisor of the need to use SL in a timely manner may result in any applicable day being classified as AWOL. If an employee has requested SL for a period of three (3) consecutive working days, or two consecutive shift schedules for Firefighters, a physician's certification must be furnished to permit payment for SL. If there is a reasonable suspicion that an employee is abusing sick leave, he or she may be required to present a physician's certification for any period of time for which sick leave is being requested. Section 100.016 Maximum Allowable Sick Leave Carryover The maximum allowable sick leave that may be accrued and carried into the next calendar year for all employees is nine hundred and ninety (990) hours, other than for Firefighters. Section 100.017 Payment for Unused Sick Leave Employees will not be paid for unused SL. Provided, however, that employees who are retiring and would be eligible for retirement under the then governing retirement plan may be paid for up to half of their accrued SL leave at retirement or may convert unused SL leave toward retirement credit, not to exceed six (6) months. Section 100.018 Sick Leave Pool Policy Purpose The purpose of the Employees' Sick Leave Pool is to supplement an employee's loss of income during the transition period between full -time employment and an extended leave of absence, start of disability retirement, or termination, resulting from that employee's serious illness or injury. The Sick Leave Pool can only be drawn after all Sick Leave and Annual Leave on the employee's record has been exhausted. All Rights Reserved 20 1P a g e Background The Sick Leave Pool is viewed as employment benefits to augment those leave benefits provided by Augusta, Georgia. Such benefits apply to both exempt and non - exempt positions. These benefits do not apply to employees who are not otherwise granted sick leave or annual leave under the Leave Policy. Part -time, temporary or contract workers would not be eligible for participation in the Sick Leave Pool. Section 100.019 Sick Leave Pool Eligibility Eligibility criteria are as follows - a. Membership is open to all eligible employees on a voluntary basis. b. An employee must have been employed by Augusta, Georgia in a full -time regular position for at least twelve (12) months preceding application for membership. c. An applicant for membership in the Sick Leave Pool must have a minimum of seventy five (75) unused Sick Leave hours at the time of application. d. Applicants for membership shall apply during Benefits "open enrollment" period annually. Section 100.020 Application for Membership in Employee's Sick Leave Pool a. An employee shall file an application for membership in the Sick Leave Pool with the Human Resources Department during benefits annual "open enrollment" period. b. The HR Department will certify that the applicant has or has not met all minimum eligibility requirements for membership. c. If the eligibility requirements have been met, membership shall become effective on the first day of the month following receipt of the application for membership by the Human Resources Department. Confirmation of membership will be sent by the HR Sick Leave Pool Coordinator to the new member, along with a copy to the department. d. Upon receipt of the membership confirmation, the HR Department will prepare a transfer of sick leave from the employee's records to the Sick Leave Pool on the Certificate of Transfer Form bearing the employee's signature and date signed. The completed Certificate of Transfer shall then be forwarded to the Payroll Department. A copy of the Certificate of Transfer Form shall be given to the employee and one maintained in the employee's personnel file. The HR Department shall be responsible for maintaining records on the Sick Leave Pool. Section 100.021 Sick Leave Pool Contributions a. The initial contribution will be fifteen (15) sick hours. b. When the balance of the Pool falls below twenty (20 %) percent of members contributions (number of members times 8 hours), each member will be required to contribute four (4) hours of sick leave from his or her official sick leave record (not to exceed twelve (12) hours in any one fiscal year). All Rights Reserved 21 1 P a g e c. Should a member not have four (4) hours of sick leave on the books at the time the Pool is replenished, he or she will be required to make replenishment upon accruing twenty (20) hours of sick leave. d. Should a member be in the process of applying for leave from the Pool at the time the Pool is in need of replenishment, membership in the Pool shall be continued and replenishment shall be waived until the member has returned to duty and has accrued twenty (20) hours of sick leave. e. Any member who is currently drawing from the Pool may continue as a member until he or she has drawn the maximum number of hours of sick leave (480 maximum) hours authorized. A waiting period of one (1) year from last occurrence is required. Section 100.022 Use of Pooled Sick Leave Requirements for use of pooled sick leave (pooled leave): 1) Pooled leave will only be used for member's illness, injury, or accident; 2) All sick and annual leave on the employee's record shall have been exhausted; 3) The member shall request use of pooled sick leave on the appropriate form. 4) A doctor's statement must be provided as to the nature of the illness or injury, the anticipated recuperation period required, and prognosis for recovery or return to work. 5) The Department shall provide the Human Resources Department with the request to use pooled leave on the appropriate form, which shall include: a) Date absence began; b) Number of hours of absence to date; c) Number of hours of Leave Without Pay (if any) during this period; d) The employee is not an abuser of leave (e.g. employee does not show a pattern of taking Fridays, Mondays, Days Before and After Holidays off); e) The absence is not for a Worker's Compensation injury; f) Copy of doctor's statement; g) Attestation that the employee /member has no leave left; and has not exhausted 480 maximum hours of pooled sick leave within the past twelve (12) months; h) Signature of Department Director; and i) Number of hours requested up to a maximum of 480. All requests to use pooled leave shall be reviewed and approved or denied by a majority of the Pooled Leave Committee. The Committee shall approve requests on a priority of need basis. The number of hours approved may be less than requested, after considering the reason for the request, the number of All Rights Reserved 221P a g e requests being filed, and the balance of pooled leave available in the Pool. If the request to use pooled leave is approved, members shall not be required to pay back the sick leave awarded except upon investigation and finding of abuse of the Sick Leave Pool. If the request to use pooled leave is denied, members shall have the opportunity to appeal the denial to the Administrator. The ruling of the Administrator is final. Section 100.023 Sick Leave Pool Committee a. Each Department shall nominate one employee to serve on the Sick Leave Pool Committee. b. Five (5) members (plus one alternate) will be selected by the Human Resources Department (names drawn at random) from the above nominated employees to serve on the Sick Leave Committee. The five - member Sick Leave Pool Committee will serve for a period of one year. The Sick Leave Pool Committee shall meet as needed to review requests to use pooled sick leave. c. All Sick Leave Pool Committee members will be required to sign a confidentiality agreement related to the administration of the Sick Leave Pool. Section 100.024 Termination of Sick Leave Pool Membership a. Members who choose to withdraw from participation may not withdraw their contributed leave (or any prorated portion thereof). b. A member who has utilized pooled sick leave and returns to work, may reapply to the Pool when he or she again meets all eligibility requirements, e.g. one year after exhausting the 480 Pool Cap. c. A member who resigns from Augusta, Georgia's employment and is subsequently re- employed may reapply for membership in the Pool when he or she meets all eligibility requirements. Membership shall be on a continuing basis unless the appropriate form signed and dated by the employee /member requesting withdrawal is received by the Human Resources Department. Such request shall be effective the first day of the month following receipt as indicated by receiving date stamped on the face of the form by the Human Resources Department. Section 100.025 Abuse of Sick Leave Policy Allegations of abuse of sick leave drawn from the Sick Leave Pool by a member shall be confidentially reported to the HR Director. Should an investigation disclose abuse, the member may be expelled from membership in the Sick Leave Pool and will be required to repay the amount of leave used. Other disciplinary action as determined by the Department Director may also be taken. All Rights Reserved 23 I P a g Section 100.026 Military Leave Augusta, Georgia provides military leave to employees in accordance with the Uniformed Services Employment and Re- employment Rights Act of 1994 (USERRA) and Georgia law. USERRA provides guidelines for employees who elect military leave and for the prompt reemployment of employees who left employment to perform military training or service in one of the Uniformed Services and who have completed such service under honorable conditions. The Uniformed Services include the Armed Forces, the Army National Guard, and Air National Guard when engaged in active duty for training, inactive duty training or full -time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a Uniformed Service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service or obligation. Policy Details REQUESTING LEAVE Employees who enter the Uniformed Services are entitled to military leave of absence without pay for a period not to exceed a cumulative total five (5) years not to include those periods of service exempted by federal law (USERRA Regulations, 20 CFR & 1002.103). The employee is required to provide notification to the department as soon as reasonably possible of the need for military leave. In addition, the employee should contact Human Resources in order to complete the appropriate leave form. If available, a copy of the appropriate military orders or other supporting documentation for situations that do not warrant military orders should be attached to the appropriate leave form. When written orders are not provided in advance of leave, the department may request the orders upon return from leave. DEPARTMENT DOCUMENTATION All appropriate leave forms should be submitted to Human Resources at the time of the military leave along with all supporting documentation placing the employee on military leave. This documentation should include the military orders /supporting documentation when available and a letter to the employee confirming the reason and dates of the leave. USE OF LEAVE BALANCES In accordance with federal law, employees are not required to use Annual Leave or Sick Leave for military leave. However, employees may elect to use their Annual Leave or Sick Leave. Employees electing to use accrued, unused Annual Leave or Sick Leave during a military leave must request in writing to use unused Annual Leave or Sick Leave balances. Otherwise, the employee will take leave without pay for the entire leave period. All Rights Reserved 24P a g To the extent that military leave is taken as paid leave, employees on military leave will continue to accrue vacation and sick leave during the paid portion of the leave. Employees do not accrue sick or vacation leave while on unpaid leave. All periods of military leave without pay will be counted as credited service for all benefits that are based on length of service, including service awards. REEMPLOYMENT RIGHTS: GENERAL REQUIREMENTS A. Employees who are absent from work for the reason of serving in the Uniformed Services, or for the purpose of an examination to determine fitness to perform service in the Uniformed Services, whether voluntarily or involuntarily, are entitled to reemployment rights and other benefits if: 1. the periods of absence from Augusta, Georgia attributable to service in the Uniformed Services do not exceed a cumulative total of five (5) years not to include those periods of service expressly exempted from this five (5) year limitation by federal law (USERRA Regulations, 20 CFR & 1002.103); 2. the employee is discharged under conditions that do not constitute other than honorable discharge; and 3. the employee reports for or applies for reemployment according to the following time limits (based on the length of the current military service from which the employee is returning): a. Unless applicable law provides otherwise, employees whose period of Uniformed Service is less than thirty -one (31) days must report to work on the first regularly scheduled workday following eight (8) hours of rest time upon returning from the place of duty. b. Employees whose period of Uniformed Service was from thirty -one (31) days to 180 days must submit an application for reemployment no later than fourteen (14) days after the completion of service. c. Employees whose period of Uniformed Service was more than 180 days must submit an application for reemployment no later than ninety (90) days after completion of service. d. Employees who, at the time of release from military service, are hospitalized for or recuperating from an illness or injury incurred or aggravated during the Uniformed Service must report for reemployment (if the period of military service was less than 31 days) or apply for reemployment (if the period of military service was 31 days or more) at the end of the period necessary for recovery from the illness or injury, provided the recovery period does not exceed two (2) years. B. Documentation must be provided to establish timeliness of application, and to ensure that all eligibility requirements for reemployment are met. Failure to provide documentation cannot be used as a basis to deny reemployment if the requested information is not readily available through no fault of the employee. All Rights Reserved 25 1 P a g e C. In some instances, Georgia law may provide more generous time periods for seeking reemployment than the time periods established by USERRA that are not set forth above. To the extent Georgia law provides a longer time period for seeking reemployment than USERRA provides in a particular situation, the more generous provisions of Georgia law will be applied. D. Augusta, Georgia is not required to reemploy an employee if the employment from which he /she leaves to serve in the Uniformed Services is for a brief, non - recurrent period and there is not a reasonable expectation that such employment will continue indefinitely or for a significant period. E. Augusta, Georgia is also not required to re- employ an employee returning from military leave if circumstances have changed so that reemployment would be impossible or unreasonable. DETERMINING POSITION UPON REEMPLOYMENT • An employee whose period of Uniformed Service was less than 91 days must be reemployed, promptly, in a position that he /she would have attained with reasonable certainty if continuously employed (the "escalator position "). If not qualified for that position (after reasonable attempts to qualify the employee) the employee must be reemployed in the position he /she left, and if the employee is not qualified for the pre - service position (after reasonable attempts to qualify the employee), the employee must be reemployed in any other position that is the nearest approximation first to the escalator position and then to the pre - service position, provided the employee qualified for the position (or can become qualified for the position through reasonable efforts by Augusta, Georgia). • For an employee whose period of Uniformed Service was 91 days or more, the requirement is the same, however, a position of like seniority, status and pay may be offered in lieu of the escalator position or the pre- service position. REEMPLOYING A DISABLED VETERAN An employee who has a disability incurred in, or aggravated during military service, and who (after reasonable efforts by the department to accommodate the disability) is not qualified due to the disability to be employed in the escalator position he or she would have attained but for the Uniformed Service must promptly be reemployed in any other position that is equivalent in seniority, status and pay to the escalator position. If the employee is not qualified for an equivalent position due to the disability, the employee must promptly be reemployed in the nearest approximation to such a position in terms of seniority, status and pay, consistent with the circumstances of the person's case. DISMISSING THE EMPLOYEE Employees returning from military leave may not be dismissed, except for cause, within these time limits: • Within the first one (1) year of reemployment, if the period of service was more than 180 days, or • Within the first six (6) months of reemployment, if the period of service was between thirty (30) and 180 days. All Rights Reserved 26 1 P a g e BENEFITS Health, Dental, Life & Flexible Spending Accounts An employee and his or her dependents are eligible to continue participation in the health and dental plan and medical flexible spending account while the employee is on military leave by paying the employee's monthly contribution. The maximum period of coverage shall be the lesser of: • The twenty -four (24) month period beginning the date the employee's leave of absence begins; or • The day after the date on which the person fails to return to (or apply for) a position of employment as described in the applicable provision of the Uniformed Services Employment and Reemployment Rights Act of 1994. If the employee cancels his or her health and dental coverage while on leave, upon reemployment, the employee must notify Augusta, Georgia within thirty -one (31) days of returning to work of his or her reenrollment in the health and dental plans in which he or she was enrolled prior to the leave. Augusta, Georgia will continue to provide Basic Term Life Insurance coverage during the military leave until such time as any legal obligation to restore the employee to employment expires. The employee and dependents may continue enrollment in the supplemental life, dependent(s) or personal accident insurance by paying the monthly premium(s). Disability Insurance Eligibility for participation in the Long -Term Disability plan terminates at the beginning of the unpaid leave. Retirement Plan An employee's service in the military must be counted in determining his or her vested interest and accrued benefits in the Retirement Plan only to the extent required to do so under the law. (USERRA Regulations, 20 CFR & 1002.259, 260, 261, 262) Section 100.027 Workers' Compensation An employee who is temporarily disabled because of an injury or illness sustained directly in the performance of his or her work may be covered by the provisions of the Georgia Workers' Compensation Act. Any leave on account of the employee's serious health condition, whether or not work related, will be treated as Family and Medical Leave. Firefighters who are injured "in the line of duty" will be salary- continued in lieu of receiving workers' compensation benefits for no longer than 270 calendar days. "In the line of duty" means while on duty and while responding to or returning from a fire or other emergency or performing duties intended to protect life and property. Section 100.028 Disabilities not Covered by Workers' Compensation An employee who becomes temporarily disabled, from a non - work - related injury or illness, shall be allowed to exhaust his or her accrued sick leave, annual leave, and compensatory time off. Any leave on All Rights Reserved 27P a g e account of the employee's serious health condition will be treated as Family and Medical Leave. If FMLA has been exhausted, the Administrator or HR Director upon recommendation of the Department Director may specifically authorize the extension of leave without pay in accordance with the LWOP provisions of this Manual. Section 100.029 Maternity Leave Maternity leave is a period of approved absence for incapacitation related to pregnancy and confinement. Maternity leave may be charged to any combination of sick leave, annual leave, and leave without pay. Maternity leave will be treated as Family and Medical Leave. The employee desiring maternity leave should notify their Department Director. Such notification shall include a written statement from the attending physician specifying the approximate date of birth. An employee will be permitted to continue work so long as the conditions of the pregnancy do not adversely impair work performance or health. Together, the employee desiring maternity leave and the Department Director will determine the day maternity leave begins. The decision shall take into consideration the written medical opinion of the employee's physician, the nature of the job in terms of physical stress, and the employee's ability to perform normal job duties with full efficiency. An employee shall be granted leave without pay for maternity purposes. Upon returning to work following maternity leave, the employee must present to the Department Director a medical statement from a certified physician stating that the employee has been released to return to work. Section 100.030 Family and Medical Leave Augusta, Georgia has adopted this policy to implement the terms of the Family and Medical Leave Act of 1993 (FMLA). Eligible employees are entitled to family and medical leave on the terms and conditions stated in this policy, the regulations issued by the Department of Labor under the FMLA and in Augusta, Georgia's other applicable leave policies. A. Definitions: For purposes of this policy, the following definitions apply: 1. "Eligible Employee" means an individual who has been employed by Augusta, Georgia for at least twelve (12) months, has worked at least 1,250 hours during the twelve (12) month period immediately preceding the commencement of the requested leave. 2. "FMLA Leave" means leave that qualifies under the Family and Medical Leave Act of 1993, as amended by the National Defense Authorization Act of 2008, Pub. L. 110 -181, and the Department of Labor's regulations and is designated by Augusta, Georgia as so qualifying. 3. "Leave Year" means the twelve (12) month period measured backward from the date an employee's leave commenced. 4. "Serious Health Condition" means an illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. All Rights Reserved 28 1 P a g e 5. "Inpatient Care" means an overnight stay in a hospital, hospice or residential medical care facility, including a period of incapacity or any subsequent treatment in connection with the inpatient care. 6. "Continuing Treatment" includes any one or more of the following: a. A period of incapacity of more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: i. Treatment by a health care provider two (2) or more times within thirty (30) days of the first day of incapacity; or ii. Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of a health care provider; b. A period of incapacity due to pregnancy or prenatal care; c. A period of incapacity or treatment for such incapacity due to a chronic serious health condition; d. A period of incapacity which is permanent or long -term due to a condition for which treatment may not be effective; or e. Any period of absence to receive multiple treatments by a health care provider for a serious health condition. 7. "Covered Servicemember" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 8. "Covered Military Member" means the employee's spouse, son, daughter or parent on active duty or call to active duty status. 9. "Active duty or call to active duty" means duty under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as either a member of the reserve components, or a retired member of the Armed Forces or Reserve. 10. "Serious Injury or Illness," in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. 11. "Qualifying Exigency" means one or more of the following circumstances: a. Short- notice deployment — to address any issues that may arise due to the fact that Covered Military Member received notice of the deployment seven (7) or less calendar days prior to the date of deployment; b. Military events and related activities — to attend any official ceremony, program, or event sponsored by the military that is related to the Covered Military Member's active duty; or to attend family support or assistance programs and informational briefings sponsored by the military; c. Child care and school activities — to arrange for alternative childcare; to provide childcare on an urgent or immediate basis; to enroll or transfer a child to a new school; and to attend All Rights Reserved 291P a g e meetings with school staff that are made necessary by the Covered Military Member's active duty or call to active duty; d. Financial and legal arrangements — to make or update financial or legal arrangements related the Covered Military Member's absence while on active duty; and to act as the Covered Military Member's representative with regard to obtaining, arranging or appealing military benefits; e. Counseling — to attend counseling sessions related to the Covered Military Member's deployment or active duty status; f. Rest and recuperation — to spend up to five (5) days with a Covered Military Member who is on short-term, temporary rest and recuperation leave; g. Post - deployment activities — to attend ceremonies and reintegration briefings for a period of ninety (90) days following the termination of the Covered Military Member's active duty status; and to address issues arising from the death of a Covered Military Member ; and /or h. Other activities that Augusta, Georgia and employee agree qualify as an exigency. B. Reasons for FMLA Leave: An Eligible Employee is entitled to a total of twelve (12) weeks of unpaid leave during each Leave Year in the event of one or more of the following: 1. The birth, adoption or placement for foster care of a son or daughter of the employee and to care for such child. (Leave must be taken during the twelve (12) month period following the birth or placement, and must be taken in a single consecutive period and may not be taken intermittently or on a reduced schedule.) 2. A serious health condition of a qualifying family member, i.e. spouse, son, daughter or parent of the employee, if the employee is needed to care for such family member. 3. A serious health condition of the employee that makes the employee unable to perform any one or more of the essential functions of his or her job. 4. Any "qualifying exigency" arising out of the fact that an employee's spouse, parent, son or daughter is on active duty or has been called to active duty in the Armed Forces in support of a contingency operation. An Eligible Employee is entitled to a total of twenty -six (26) weeks of unpaid leave during a single twelve (12) month period to care for a parent, son, daughter, spouse or next of kin who is a Covered Servicemember, regardless of whether the employee has taken leave for another FMLA qualifying reason in the past twelve (12) months. Any leave taken under one or more of these circumstances will be counted against the employee's total entitlement to FMLA leave for that Leave Year. C. Paid Leave Benefit Coordination with FMLA Leave: FMLA leave under this policy is generally unpaid leave. If, however, the employee is eligible for any paid leave under any other benefit programs such as Annual Leave or Sick Leave, the employee will be required to exhaust the paid leave upon the commencement of, and concurrently with, FMLA leave (unless the employee's own serious health condition has caused the leave and the employee is receiving workers' compensation benefits). Paid leave will run concurrently with and be counted toward the employee's total twelve (12) week or twenty -six (26) week period of FMLA leave. Employees on leave All Rights Reserved 301 P a g e that qualifies both as workers' compensation and FMLA leave who are offered a light duty position will have the option of remaining on FMLA leave without pay (and foregoing the light duty position and additional workers' compensation benefits) or accepting the light duty position. If the employee accepts the light duty position, then the employee's right to job restoration (as described below) runs through the end of the applicable Leave Year. If the employee accepts light duty, then he or she retains the right to be restored to the same position the employee held at the time his or her FMLA leave commenced or to an equivalent position. D. Intermittent or Reduced Scheduled Leave: FMLA leave may be taken intermittently or on a reduced work schedule basis. If FMLA leave is taken intermittently or on a reduced schedule basis, then Augusta, Georgia may require the employee to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part- time position, to better accommodate recurring periods of leave due to foreseeable medical treatment Every employee is obligated to make a reasonable effort to schedule medical treatment so as not to unduly interrupt Augusta, Georgia operations. Any employee who needs an intermittent or reduced schedule leave shall submit an application for such leave on a form supplied by Augusta, Georgia at the time described above. The employee shall also, within the time limits set forth, furnish Augusta, Georgia with the proper medical certification on Form WH- 380 -E, which will be supplied by Augusta, Georgia, regarding the need for such intermittent or reduced schedule leave. As in the case for other FMLA leaves, Augusta, Georgia may require a second or third medical certification. Prior to the commencement of any intermittent or reduced schedule leave, the employee requesting intermittent or reduced scheduled leave must advise Augusta, Georgia of the reasons why the intermittent /reduced scheduled leave is necessary and of the schedule for treatment, if applicable. The employee and Augusta, Georgia shall attempt to work out a schedule for such leave that meets the employee's needs without disrupting Augusta, Georgia operations. E. Employee Notice Requirement: Employees are required to provide Augusta, Georgia with sufficient information to make it aware that the employee needs FMLA - qualifying leave, and the anticipated timing and duration of the leave. Sufficient information may include the following: that the employee is unable to perform his or her job functions; that the employee's family member is unable to perform his or her daily activities; that the employee or his or her family member must be hospitalized or undergo qualifying continuing treatment; or the circumstances supporting the need for military family leave. When an employee seeks leave due to a FMLA - qualifying reason for which Augusta, Georgia has previously provided FMLA - protected leave, the employee must specifically reference the qualifying reason for the leave and the need for "FMLA" leave. If the need for leave is foreseeable, the employee is required to provide such notice to the Human Resources Department at least thirty (30) days before the commencement of the leave, unless impracticable to do so under the circumstances, in which case notice must be given as soon as possible, generally the same or the next business day. The employee also must follow any Augusta, Georgia policy requiring advance notice, reasons for leave and anticipated start and duration of the leave. Failure to provide advance notice or follow Augusta, Georgia policy when the need for leave is foreseeable may result in delay or denial of FMLA leave. If the leave is not foreseeable, the employee must provide notice to Augusta, Georgia of need for leave as soon as practicable, and must follow Augusta, Georgia's normal call -in procedures, as set forth in Chapter 1 of this Manual. Failure to follow Augusta, Georgia's call -in procedures, absent unusual circumstances, will result in delay or denial of the leave. In case of planned ' medical treatment for a serious health condition, the employee is required to make a reasonable effort to All Rights Reserved 31 1 P a g e schedule the treatment so as not to disrupt the operations of Augusta, Georgia. Employees are required to give additional notice as soon as practicable whenever there is a change in the dates of scheduled leave. Augusta, Georgia requires that the employee's health care provider complete a fitness - for -duty certification that specifically addresses whether the employee is able to perform the essential functions of his or her job before the employee can return to work. If Augusta, Georgia has a "reasonable safety concern," it may also require periodic fitness - for -duty certifications prior to the employee's return from intermittent FMLA leave, up to once every thirty (30) days. A "reasonable safety concern" means a reasonable belief of significant risk of harm to the individual employee or others. Upon receiving sufficient notice of an employee's need for FMLA - qualifying leave, Augusta, Georgia will notify the employee of his or her eligibility to take FMLA leave within five (5) business days of the request, absent extenuating circumstances. At this time, the Augusta, Georgia will also provide the employee written notice of the employee's rights and obligations with respect to the leave (as well as providing copies of the required certification form). F. Application and Medical Certification: A leave to care for the employee's own serious health condition, or the serious health condition of a covered family member, must be supported by a medical certification completed by the health care provider for the employee or the covered family member. A qualifying exigency leave or a leave to care for a Covered Servicemember with a serious injury or illness must also be supported by a certification. Augusta, Georgia will provide the proper certification to the employee for his or her respective leave within five (5) business days of the employee's request for leave. The employee must return a complete and sufficient copy of the appropriate certification to Augusta, Georgia within fifteen (15) calendar days of receiving the certification, unless it is not practicable. If the employee returns an incomplete or insufficient certification, then Augusta, Georgia shall advise the employee in writing what additional information necessary to make the certification complete and sufficient. In order to cure the deficiency, the employee must then return a complete and sufficient certification to Augusta, Georgia within seven (7) calendar days. If the employee fails to cure a deficiency in a certification, or fails to return a certification, within the prescribed time period, Augusta, Georgia may deny the taking of leave. An Augusta, Georgia representative (other than the employee's direct supervisor) may contact the employee's health care provider to clarify or authenticate the medical certification submitted for leave for the employee's own serious health condition or the serious health condition of a family member. If Augusta, Georgia has reason to doubt the validity of a medical certification, the employee will be required to obtain a second or third opinion at Augusta, Georgia's expense. Failure to comply with these certification requirements will result in the delay, denial or termination of leave. An employee who will be on a FMLA leave for more than one (1) week is required to call the Human Resources Department weekly to report when and if the employee expects to return to work. Augusta, Georgia may request recertification at any time during the course of the leave for the employee's own serious health condition, if: (1) the employee requests an extension of leave; (2) the circumstances of the employee's condition as described in the previous certification have changed significantly, or (3) if Augusta, Georgia has reason to suspect that an employee on FMLA leave has fraudulently obtained the FMLA leave. If desired by Augusta, Georgia, a second or third certification in the manner provided above may be required. If the employee's leave to care for his or her own serious health condition or that of a family member is expected to last more than thirty (30) days, Augusta, Georgia will require a new certification from the employee's health care provider when leave is scheduled to expire, or every six (6) All Rights Reserved 321P a g e • months, whichever occurs earlier. When Augusta, Georgia learns of an FMLA reason for leave after a leave has commenced under another of Augusta, Georgia's policies, Augusta, Georgia will designate the leave as FMLA - qualifying from the commencement of the leave. Employees are required to cooperate in providing Augusta, Georgia with information needed to make this determination. G. Continuation of Group Health Benefits: Augusta, Georgia will maintain the employee's coverage under a group health plan during the period of FMLA leave under the same terms and conditions as though the employee were actively working. During the leave, the employee will be required to continue to make all premium payments that he /she otherwise would have had to make if actively employed. Where feasible, Augusta, Georgia will advise the employee concerning the necessary arrangements for such payments prior to the commencement of the leave. If the employee fails to return to work following the expiration of FMLA leave for a reason other than a serious health condition or circumstances beyond the employee's control, Augusta, Georgia will be entitled to the repayment by the employee of any premiums paid by Augusta, Georgia during the leave. Failure to make timely premium payments may result in the termination of coverage. An employee on FMLA leave should deliver payment of the employee's portion of such premium to the Human Resources Department prior to the first work day of each month. Failure to make prompt payment of the employee's portion of such premium may result in the loss of medical insurance coverage for the duration of the FMLA leave, but upon the employee's return to work, the medical insurance will be restored as of the date that the employee returns. If the employee does not return from FMLA leave or returns to work, but does not remain an active employee for at least thirty (30) days, Augusta, Georgia may seek to recover the amount paid for such insurance premiums from the employee. An employee on FMLA leave shall be responsible for the payment of the full premium for all other insurance, pensions and other benefits. Failure of the employee to pay the entire premium for such items shall result in their lapse for the duration of the FMLA leave. If the employee returns from FMLA leave, all such insurance, pension and other benefits shall be restored without any break in service. An employee shall not accrue any credit toward vacation or other benefits based upon time worked for the time that he or she is on FMLA leave. H. Return to Work / Fitness - for -Duty Certification: Consistent with Augusta, Georgia practice, before returning to work following a medical leave due to the employee's serious health condition, the employee will be required to present a fitness- for -duty certification from his or her health care provider that the employee is medically able to resume work and to perform the essential functions of his or her job. If the date on which an employee is scheduled to return to work from an FMLA leave changes, the employee is required to give notice of the change, if foreseeable, to Augusta, Georgia within two (2) business days of the change. Subject to the limitations below, an employee returning from FMLA leave will be restored to the position of employment held when the leave commenced or to an equivalent position. Job restoration may be denied if conditions unrelated to the FMLA leave have resulted in the elimination of the employee's position or if the employee qualifies as a "key employee" (generally the highest paid 10% of the workforce). Key employees may be denied job restoration if it would cause substantial and grievous economic injury to Augusta, Georgia, in which case the key employee will be notified of this decision. All Rights Reserved 33 1 P a c e In summary, upon expiration of a FMLA leave, an employee who returns to work shall be restored to the same or an equivalent job, if the employee shall have: 1. Called the Human Resources Department in accordance with terms above; 2. Furnished the Human Resources Department with proper certifications and re- certifications in accordance with terms above; 3. Submitted to any second or third examination by a health care provider upon request of Augusta, Georgia; 4. Furnished the Human Resources Department with a medical certification of the employee's ability to return to work and to perform the essential functions of the job; and 5. Returned to work immediately upon expiration of the FMLA leave. Failure to call the Human Resources Department weekly, to provide the required medical recertification or to return to work immediately upon expiration of a FMLA leave may result in termination of the employee. Failure to furnish a fitness - for -duty certification of the employee's ability to return to work and to perform the essential functions of the job may result in the delay of job restoration or the termination of the employee. I. Questions: Questions about this policy or eligibility for FMLA leave should be directed to the Human Resources Department. Section 100.031 Leave of Absence Without Pay If an employee has exhausted his or her Annual Leave and Sick Leave, the employee may be granted a leave of absence without pay (LWOP) for circumstances for covered by FMLA. If an employee has a medical condition which does not qualify under FMLA or an employee has exhausted FMLA leave, the employee cannot perform the duties of his or her position, and it does not create an undue hardship on Augusta, Georgia, the Department Director has the option to place the employee on Leave Without Pay for additional ninety (90) days with a doctor's certification that the employee will be able to resume full duty at the end of the ninety (90) -day period. Within thirty (30) days of the end of the extension, the employee must be released from Doctor's care with the recommendation that they are fit for duty and can return to work. However, if the employee passes a fitness for duty test prior to the end of the ninety (90)- day period, then the employee must return to work within three (3) days of being certified to return to work. If the employee cannot produce a fitness for duty, the employee may be granted a last extension with the approval of the Department Director, HR Director and Administrator. This extension may only be granted if the employee is applying for Long -Term Disability, Disability Retirement or if the Doctor can confirm the employee should be able to return to work within six (6) -month period of the extension. The employee must present evidence of being fit for duty to return to work at the end of the six (6) - month period. If the employee is unable to return to work, no further extensions will be given and the employee will be administratively terminated but will normally be eligible for rehire. Leaves of absence without pay may be granted for the following reasons - • Employee's illness or injury - physician's statement required indicating when employee should possible return to work in order to use the Annual Leave or Sick Leave within this period; All Rights Reserved 341 P a g c • Illness in immediate family - illness of spouse, child, or parent supported by physician's statement stating need; • Voluntary Advanced Training - to upgrade the individual for the position held or promotional opportunities. Section 100.032 LWOP Regulations All departments are required to adhere to the following regulations — 1. Leave without pay shall be granted only when it will not adversely affect the interests of Augusta, Georgia service, except as required by law. 2. Leave without pay under this section, in the case of illness, may be granted only after an employee's accrued Sick Leave, Annual Leave, and Family and Medical Leave have been exhausted. 3. Failure of an employee to return to work at the expiration of approved leave shall be considered as absence without leave and grounds for disciplinary action, except when prohibited by law. 4. Any employee who has been granted leave of absence other than FMLA leave and who wishes to return before the leave period has expired shall be required to give his or her Department Director at least a one week notice, except when prohibited by law. Upon receipt of such written notice, the employee shall be permitted to return to work. 5. An employee will not earn Sick Leave or Annual Leave for the time that such employee is on leave without pay. 6. Except to the extent more is required under FMLA, an employee shall return from leave without pay to the same salary grade as at the time of commencement of leave. 7. Except to the extent more is required under FMLA, an employee returning from a leave of absence without pay shall be entitled to employment in the same department in the same or equivalent class held at the beginning of the leave period. 8. Before beginning a leave of absence without pay, an employee must make arrangements with the Benefits Coordinator in the Human Resources Department if continued coverage under Augusta, Georgia group insurance is desired. 9. Any vacancy created by the proper approval of such leave of absence shall not be filled unless the employee concerned is notified that a permanent replacement for the position is required and the employee is given the opportunity to resume his or her position. If this requirement is met and the position filled, the replaced employee shall not have the right or privilege to cause the separation of the new employee. However, the replaced employee will be considered and given priority for vacancies that occur, provided he is qualified. Notwithstanding the foregoing, nothing shall prevent an employee who timely returns from FMLA leave from being restored to the same or equivalent job and shift with the same or equivalent benefits. All Rights Reserved 35 1 P a g e 10. No leave without pay may be granted or required for a period exceeding six (6) months, except as required by law or authorized by the Administrator. Leave without pay cannot be extended beyond (1) year. 11. Any and all Augusta, Georgia property in the possession of an employee who is placed on a leave of absence for more than one (1) month shall be immediately returned to the appropriate department by that employee. Section 100.033 Absence without Leave (AWOL) The absence of an employee from duty, including absence for a single day or part of a day, that is not authorized by a specific grant of leave of absence under the provisions of these regulations shall be deemed to be an absence without leave (AWOL). Any such absence shall be without pay and may be cause for further disciplinary action. An employee who is AWOL for three (3) consecutive days will be considered to have voluntarily resigned his or her employment with Augusta, Georgia effective immediately. Section 100.034 Leave of Absence With Pay (see items listed on the sections below) The types of leave in Sections 100.034 through 100.041 shall be with pay unless otherwise designated by the Administrator or the Augusta, Georgia Commission. Section 100.035 Funeral Leave An employee may be granted funeral leave, with pay, for up to three (3) consecutive working days (one twenty -four (24) hour shift for Fire Suppression personnel) per occurrence for funerals and related preparations and travel of immediate family members. Immediate family is defined as spouse, mother, father, children, sister, brother, father -in -law, mother -in -law, daughter -in -law, son -in -law, brother -in -law, sister -in -law, grandparents, and grandchildren. Notice of intent to utilize funeral leave should be provided to the employee's immediate supervisor as soon as possible. In the event of unusual circumstances, such as distance to be traveled by the employee, additional funeral leave without pay may be authorized. A request for such additional leave must be submitted in writing, along with an explanation of the circumstances, to the Department Director who will review the request and make a recommendation to the Director of Human Resources, who will either approve or deny the request. Section 100.036 Jury Duty /Civic Duty Leave An employee who is called for jury duty or receives a court summons to appear as a witness during working hours (civic duty) will receive his or her full pay. A copy of the summons for jury or civic duty that is received by the employee must be furnished to the Department Director before jury or civic duty leave begins. Employees called for jury or civic duty are excused from reporting for work only for the time required traveling to and from the Courthouse and the time actually on jury or civic duty. If the Court releases an employee (other than a Firefighter) from jury or civic duty during normal work hours, he /she must return to his or her department as soon as possible. The employee will retain any compensation paid by the court. All Rights Reserved 361 P a b Section 100.037 Special Meetings and Examinations A type of paid leave granted to the employee to attend professional or technical institutes or conferences, or such other meetings as may contribute to the effectiveness of service to the Augusta, Georgia Board of Commissioners upon return to duty. Time off with pay shall also be granted to an employee for the purpose of taking examinations and interviews for a position within Augusta, Georgia. Such leave shall be considered Administrative Leave and not be charged against the employee's accumulated leave. Section 100.038 Training and Education An employee may be granted paid leave in order to secure special educational training directly appropriate to the employee's position, to visit other governmental agencies, or in the approved manner to achieve systematic improvement in the knowledge or skills required in the performance of individual or department work. Such leave shall be considered Administrative Leave and not be charged against the employee's accumulated leave. Section 100.039 Excused Absences An employee may be granted paid leave in limited situations due to emergencies, inclement weather, facility utility outage, to participate in Augusta, Georgia sponsored training and activities (i.e., wellness classes), Augusta, Georgia sponsored civic activities, and for the purpose of conducting an investigation into allegations of impropriety on the part of the employee (suspensions with pay), and at other times. Department Directors may approve up to two (2) hours of administrative leave. Any excused absence in excess of two (2) hours must be approved by the Administrator in advance. Such leave shall be considered Administrative Leave and not be charged against the employee's accumulated leave. Section 100.040 Days of Mourning An employee may be granted days of mourning as declared by the President, Governor, or Mayor of the Augusta, Georgia Board of Commissioners. Such leave shall also be observed by the classified employees as an excused absence leave day off with pay (i.e., employees who are required to work will receive another Administrative Leave day off). Such leave shall be considered Administrative Leave and not be charged against the employee's accumulated leave. Section 100.041 Emergency Leave An employee may be granted paid leave for national, state, or local emergencies as declared by the appropriate authority or by the President. Such leave shall be considered Administrative Leave and not be charged against the employee's accumulated leave. Section 100.042 General Administrative Leave An employee may be granted leave with pay if such leave is deemed to be in the best interests of Augusta, Georgia government. Department Directors may approve up to two (2) hours of administrative leave during a twenty -four (24) hour period. All other requests must be processed through the Human Resources Director for review and recommendation to the Administrator for final approval. Such leave shall be considered Administrative Leave and not be charged against the employee's accumulated leave. All Rights Reserved 37 1 P a b e CHAPTER II. EQUAL EMPLOYMENT OPPORTUNITY Section 200.001 Equal Employment Opportunity Augusta, Georgia is an Equal Opportunity Employer. We value and respect the diversity of our employees, directors, consultants, representatives, suppliers, vendors, customers, and communities. As part of our culture of respect and appreciation we believe that people with varied backgrounds and perspectives add vitality and creativity to Augusta, Georgia and we encourage diversity in the workplace. To that end, we provide equal employment opportunities regardless of race, color, religion, national origin, sex, age, disability, military service or status, veteran status, citizenship status, or any other characteristic protected by federal, state, or local law. Augusta, Georgia is committed to providing equal opportunity in all our employment and purchasing practices. We will hire, evaluate, transfer, compensate, and promote employees based on skills and performance, and not on any unlawful consideration. We respect the special needs of individual employees, including those who are pregnant or returning to work after the birth or adoption of a child. Only in valuing diversity and committing to equal opportunity practices will we be able to fully utilize the human and business resources available. At the same time, we believe that by valuing diversity, we enable all to fully realize their potential. All Augusta, Georgia employment decisions are to be based on business related, nondiscriminatory reasons. Our commitment to equal employment opportunity includes a corporate intolerance of any form of discrimination, sexual harassment, or any other type of harassment. Such behavior undermines the very core of our creed and values. Additional processes have been issued for affirmative action, disability accommodations, harassment in the workplace, and workforce diversity. Performance consistent with the spirit and intent of these policies are expected of each employee and, in the case of management employees, such performance will be evaluated as in any other job - related duty. For Augusta, Georgia to be successful, our employees must also be successful, as contributors to Augusta, Georgia's mission and objectives and as individuals and citizens. Therefore, in addition to providing a safe and healthy workplace, we are committed to the development of their unique skills and capabilities. We believe that new experiences on the job and involvement in work teams or special projects are valuable development opportunities. If you feel you are a victim of any form of discrimination, you have a right to voice your concerns. You can tell your immediate leader, any member of management or the Equal Employment Opportunity office at 706 - 826 -4789. Retaliation against anyone who lodges a complaint in good faith is strictly prohibited and will be subject to discipline up to and including termination. Section 200.002 Discrimination and Harassment -Free Workplace Our value of treating others with respect and dignity carries over to our policy against workplace discrimination and harassment. We do not tolerate unlawful discrimination or harassment against an employee or potential employee based on any legally protected category. Instead, we actively seek to create a workplace that allows employees to feel respected and appreciated. Our efforts to achieve diversity and equal employment are driven by more than compliance with the law. All Rights Reserved 38 I P a g e Discrimination and harassing behavior are destructive to our culture and against our core values. We have no tolerance whatsoever for unlawful discrimination or harassment based on race, color, religion, gender, age, national origin, disability, military service or status, veteran status, citizenship status, or any other characteristic protected by federal, state or local law. Discrimination is any unfair or unfavorable treatment suffered by any employee because of the employee's inclusion in a protected category. The areas of employment which may be affected by discrimination include, but are not limited to, compensation, promotions, recruiting, job evaluations, job training, and hiring. Harassment is a form of discrimination. Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon any category protected by law. Harassing behaviors may include, but are not limited to, racist, sexist, ethnic, or other derogatory comments, name - calling, kidding, teasing, or jokes directed at one person or group belonging to a protected category. Augusta, Georgia will not tolerate discriminatory or harassing conduct that affects pay or benefits, that interferes with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Augusta, Georgia will not tolerate discrimination or harassment of employees by anyone, including any supervisor, co- worker, vendor, client, customer, or visitor. Any individual either experiencing or observing a suspected incident of discrimination or harassment should report the incident to their supervisor, to any Department Head, or to the EEO Officer. If the complaint involves the employee's supervisor, department director, or anyone else in a supervisory position over the employee, the employee should report the incident to the Human Resources Department or to the EEO Officer. Any manager who receives a report of discrimination or harassment must immediately report it to the EEO Officer, but in any event no later than three (3) working days after receipt of the complaint. All complaints of discrimination and harassment will receive immediate attention. Augusta, Georgia's policy is to investigate all such complaints thoroughly, promptly, and in an impartial manner. If such an investigation reveals that the complaint is valid, Augusta, Georgia will administer disciplinary and other corrective action as appropriate to stop the discrimination or harassment and prevent its recurrence. Such disciplinary action shall include any corrective action deemed necessary, up to and including immediate termination of employment. Discipline will be based on the seriousness of the offense. To the fullest extent practicable, Augusta, Georgia will keep complaints, related investigations, and the terms of their resolution confidential. Retaliation against reporters of harassment or individuals who cooperate with a corresponding investigation is strictly prohibited and will result in discipline up to and including termination. Respect and dignity for others is the key to providing a discrimination and harassment -free workplace. All Augusta, Georgia employees are responsible for helping to assure that we successfully avoid discrimination and harassment and their effects. Section 200.003 Disability Accommodation Augusta, Georgia is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non - discriminatory basis. Hiring procedures and provide persons with disabilities meaningful employment opportunities. Pre - All Rights Reserved 39 1 P a g e employment inquiries are made only regarding an applicant's ability to perform the essential duties of the position. Post -offer medical examinations are required only for those positions in which there is a bona -fide job - related physical requirement. They are given to all persons entering the position only after conditional job offers. Medical records will be kept separate and confidential. Reasonable accommodations are available to all qualified employees with a disability, where their disability affects the performance of essential job functions. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as equal treatment in job assignments, classifications, organizational structures, position descriptions, lines of progression and seniority lists. Leave of all types will be available to all employees on an equal basis. Augusta, Georgia is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. Augusta, Georgia will follow any state or local law that provides individuals with disabilities greater protection than the ADA. This policy is neither exhaustive nor exclusive. Augusta, Georgia is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA, as amended, and all other applicable federal, state, and local laws. Section 200.004 EEO Office Overview Purpose and Scope The purpose of this policy is to promote employment diversity and equality within the Augusta, Georgia Consolidated Government ( "Augusta, Georgia ") through a dedicated Equal Employment Opportunity (EEO) Office. This policy is also intended to provide uniformity in the processing of EEO complaints. These policies and procedures exclusively apply to EEO - related issues in connection with direct employees (classified and non - classified) of Augusta, Georgia operating under the authority of the Mayor and the Augusta, Georgia Commission and the employees of those Elected Officials who have opted into the Augusta, Georgia Personnel Policy and Procedures Manual. In addition, these EEO policies and procedures are only intended to address employment discrimination concerns which relate to race, color, gender, pregnancy status, marital status, genetic information, national origin, age, religion, disability or veteran's status. EEO Office Statement Augusta, Georgia provides equal employment opportunity to all qualified employees and applicants for employment and does not discriminate on any basis prohibited by law, including without limitation: race, color, gender, pregnancy status, marital status, genetic information, national origin, age, religion, disability and veteran's status. Augusta, Georgia is committed to providing equal employment in all of its employment practices, including selection, hiring, assignment, reassignment, promotion, transfer, compensation, discipline and termination. Therefore, it is the policy of Augusta, Georgia not to tolerate illegal discrimination. Providing equal employment opportunities is a system -wide effort and the responsibility of all employees, the EEO Office, Department Heads, Directors and the City Administrator. All Rights Reserved 4012 a g e EEO Office Philosophy and Motto Augusta, Georgia believes in achieving diversity by building bridges between employees and management. This belief is demonstrated by the EEO office motto of "Building Bridges for Diversity." The EEO office promotes diversity by constructing and maintaining these bridges through the building blocks of Education, Collaboration and Mediation. Specifically, Augusta, Georgia believes that diversity can be achieved by educating the workforce about the importance of equal employment opportunity in all employment practices, collaborating with management and employees to develop policies and procedures that support diversity, and mediating disputes in a fair and expedient manner. Section 200.005 EEO Office Mission • Establishing and maintaining a diverse and representative workforce for Augusta, Georgia by removing barriers and maximizing both individual and collective potential. • Ensuring Augusta, Georgia's compliance with governing EEO statutes and regulations. • Promoting equal employment opportunity in the Augusta, Georgia workforce by enforcing EEO guidelines and laws which prohibit employment discrimination. • Promoting a positive organizational understanding and awareness of cultural diversity within the Augusta, Georgia workforce. Implementing The Mission The EEO Office will implement its mission through: (A) Assisting employees and management in relation to EEO compliance; providing information and data to management. (B) Conducting diversity outreach and bridge- building to promote an appreciation of multiculturalism. (C) Providing EEO oversight and feedback during the hiring process. (D) Maintaining federally - mandated reporting of workplace EEO demographics. (E) Responding to federal EEOC Complaints and other EEO - related inquires. (F) Working to promote accommodations and equal access for people with disabilities as required under the ADA. (G) Independently and directly reviewing Augusta, Georgia EEO data and testing results generated by vendors. (H) Advising departments to maintain internal EEO data directly related to their specific department, as needed. All Rights Reserved 411P a g e (I) Providing training, information and consultation for employees and supervisors in the areas of equal employment opportunity and workplace diversity. (J) Conducting multicultural recruitment initiatives to promote a diverse applicant pool of qualified candidates, as needed. Section 200.006 EEO Office Oversight and Jurisdiction EEO Office Coverage The official organizational name of Equal Employment Opportunity, Equal Opportunity Office, EEO, or any similarly- phrased name shall be exclusively designated to this specific office. The EEO Office will collaborate with employees, managers, and various departments to promote EEO compliance, systemic inclusion, and diversity. The EEO Office may mediate in organizational matters which directly connect to EEO laws and the expansion of diversity. In addition, the EEO Office may become involved in matters relating to organizational diversity, respond to inquiries by the Augusta, Georgia Commission, and serve as a consultant to the Commission. In matters involving overall department -wide or organizational investigations, the EEO Office will make recommendations for changes to the Commission after consultation with the Administrator. Augusta, Georgia employee EEO issues include: 1. Allegations of unlawful discrimination based on race, color, gender, pregnancy status, marital status, genetic information, national origin, age, religion, disability, and veteran's status; 2. Allegations of harassment, including sexual harassment, as defined under federal employment laws and EEOC Guidelines; and 3. Allegations of retaliation for asserting legally protected rights. The Augusta, Georgia EEO Office Policy and Procedures do NOT apply to: 1. General personnel matters and personality conflicts that the employee states or concedes are not based on race, color, gender, pregnancy status, marital status, genetic information, national origin, age, disability, religion, veteran's status or EEO - related retaliation; 2. Issues or claims pending before any court; 3. Any adverse employment action that is not based on race, color, gender, pregnancy status, marital status, genetic information, national origin, disability, age, religion, veteran's status or EEO - related retaliation including but not limited to termination, demotion, denial of a job interview, denial of promotion, reassignment, department reorganizations, furlough, layoff from duties because of lack of work, or other action resulting from a reduction in the work force or job abolition; 4. Elected officials and their direct -report employees (unless such elected official submitted a All Rights Reserved 421 P a g e written, signed notice opting into the Augusta, Georgia Personnel Policy and Procedures Manual); 5. EEO issues alleged by organizations, business or companies outside of the Augusta, Georgia Consolidated Government; 6. EEO issues or concerns alleged by the employees of vendors or contractors of the Augusta, Georgia Consolidated Government. 7. Issues alleged by persons not employed with the Augusta, Georgia Consolidated Government. Section 200.007 EEO Office Access to Information and Data Collection EEO - related demographic data collection and the retrieval of certain personnel /employee and departmental files are essential to the organization and the mandate of the Augusta, Georgia EEO Office to provide case investigations, Federal Government reporting data, agency profiles, and the analysis of departmental and organizational progress. The EEO Office may request data via e-mail or hardcopy correspondence. Data requests should be copied to the Administrator. In certain matters, the EEO Office should (at the discretion of the EEO Office) independently obtain all EEO - related data in relation to the organization directly from internal departments, vendors, and testing companies when such data contains EEO - related information in relation to Augusta, Georgia. Therefore, Departments, managers, employees and offices shall allow the EEO Office to obtain and maintain direct departmental and vendor access to all EEO - related information statistics, and testing data including, without limitation, applicant pool and departmental demographic data. The EEO Office may require segments of information and /or past data. Requested information may not necessarily be related to certain minority groups or protected classes of individuals; the EEO Office is authorized to request and receive information pertaining to various groups including non - protected categories in order to facilitate investigations, inquiries and disparagement comparisons. Requested information should be released as soon as it is generated by the department or agency, but no less than five working days after the request is issued by the EEO Office. Request for departmental data relating to more than two (three or more) employees should be copied to the Administrator. Departmental responses for data should contain the race and sex of each employee listed. Each department shall establish direct EEO -data access for the internal EEO Office by issuing initial release forms to vendors or creating direct access at the request of the EEO Office. Unless otherwise requested by the EEO Office in writing, all data should be sent to the EEO Office through confidentially- marked e-mail, confidentially - marked and sealed interagency mail, or confidentially- marked and sealed departmental hand - delivery. No fees or EEO generation requirements shall be assessed to the EEO Office for the collection of such data or the replication of requested information. All Rights Reserved 431 P a g e Section 200.008 Guidelines for Assessing Educational Credentials in EEO Matters In EEO - related cases where educational credentials are an issue, the Augusta, Georgia EEO Office has adopted guidelines from the U.S. Government and recognizes degrees from schools that have received accreditation from an accrediting body which has been approved by the U.S. Department of Education (USDE) [www.ed.gov], the Council for Higher Education, the American Council on Education (ACE) [www.acenet.edu], or the Association of Specialized and Professional Accreditors (ASPA) [www.aspa- usa.org]. All accrediting agencies — regional, national, and specialized —that are recognized by the USDE as reliable authorities regarding the quality of the programs and schools they accredit are listed on the USDE website at: www.ed.gov /admins /finaid /accred /index.html. The central accrediting body for many of the degree - granting institutions of higher education in Georgia is the Southern Association of Colleges and Schools (SACS) [www.sacs.org]. Section 200.009 Filing an EEO Complaint Employees of Augusta, Georgia may consult with the EEO Office on an informal basis to receive information and consultation in relation to specific situations without filing a formal EEO complaint or grievance. In addition, employees may withdraw a formal EEO complaint and seek mediation or an informal resolution at any point in the process. • Formal complaints must be filed in writing and signed by the employee. Employees may request to have a formal complaint issued orally and transcribed into written format by the EEO Office. An oral complaint must be transcribed into written format, signed and then submitted by the complaining employee. The employee is responsible for ensuring that their oral complaint is completed, signed, and submitted to the EEO Office within ten days after filing the oral complaint. Once an employee files a written complaint, a letter is necessary to effectuate the withdrawal of an internal EEO complaint. The EEO Office reserves the right to conduct an investigation of any and all complaints: formal /informal; written/oral; and pending/withdrawn. The EEO Office also reserves the right to conduct or continue an investigation even in situations where the complaint is withdrawn. Section 200.010 Complaint Inquiries and Investigations All EEO office proceedings, inquiries, and investigations will be conducted under the direct management and direction of the EEO Office. The EEO Office may initiate individual investigations, conduct inquiries, or provide educational information, in employee concerns as deemed necessary by the EEO Office. In cases of a formal investigation, a written notification of an EEO complaint or concern will be sent to the charged employee, the employee's immediate supervisor, and the Department Director. The notification will occur within thirty working days after a representative of the EEO Office and the complainant have signed an EEO Complaint Form, but in any event, no later than the commencement of the formal investigation. In cases where no individual supervisor can be identified, case results will be directed to the Administrator. Employees are encouraged to file an EEO complaint directly with the Augusta, Georgia EEO Office. If submitted indirectly through Human Resources or a supervisor, the individual receiving the EEO complaint should forward it to the EEO Office as soon as possible, but in any event, no later than three working days after receipt of the complaint. Section 200.011 Complaint Process All Rights Reserved 44 1P a g e Stage One (Informal Resolution) Many EEO - related matters arise from misunderstandings and failed communication. The EEO Office encourages matters to be resolved at the lowest possible levels and at the earliest stage possible. When no written complaint has been submitted to the EEO Office or the Department, employees may collegially discuss the concerns directly with the individual or colleague involved in an attempt to clear up any possible miscommunications that may exist. Attempting to use informal methods of conflict resolution does not forfeit the employee's right to move forward at a later date (within one - hundred and eighty -days of the last alleged act) with a formal written complaint if the matter is not resolved in an informal manner. The EEO Office provides consultation to both employees and managers seeking approaches to resolve issues in an informal manner. Collaborative EEO resolutions at the lowest possible levels and the earliest time periods are strongly encouraged. The EEO Office promotes respectful communication as a viable option for settling disputes. Informal complainants may seek an informal resolution as follows: 1. When no formal written complaint has been filed with the EEO Office, employees may first discuss the concerns directly with the individual or colleague involved in an attempt to clear up any possible misunderstandings; 2. If the matter is not resolved or the employee would prefer not to discuss the situation with the individual involved, then the employee should take the next step and discuss their concerns with their immediate supervisor; and 3. If the concern remains unresolved or at anytime the employee desires, the next step is to schedule an appointment to discuss the matter with the Department Head. Stage Two (Informal Mediation) If efforts toward an informal resolution are unsuccessful at Stage One (Informal Resolution) or an employee seeks to skip informal resolution, then a complainant is encouraged to contact the EEO Office to request assistance with negotiating or mediating the dispute prior to filing a formal EEO complaint. Employees may seek assistance from management and/or the EEO Office in order to schedule a mediation meeting to discuss issues which relate to an informal EEO case. The EEO Office will assist in working to bring about an equitable resolution for both parties through the process of informal mediation. Stage Three (Formal Written Complaints) If the informal resolution or mediation attempts between the parties do not result in a resolution of the matter within twenty working days or the employee seeks to skip informal resolution, the complaining party then has the option to request that the EEO Office conduct a formal investigation. The request for a formal internal EEO investigation should be dated and issued in writing as soon as the employee is aware of the conduct or knows that informal resolution is unsuccessful. The complainant is required to provide sufficient facts and data to substantiate discriminatory allegations. According to Augusta, Georgia Policy, the EEO Office will investigate complaint and attempt to conciliate the claim. The charged party (one who is accused of a discriminatory act) will be allowed to review the written allegations and to provide a written response to the charges within seven days after the review. After reviewing the allegations, responses, and evidence from both parties, the internal EEO Office will make a All Rights Reserved 451 P a b e determination as to whether or not to proceed with further internal investigations. Once a formal written complaint has been filed the matter has gone past the level of informal resolution. At this stage, employees should not attempt to resolve a formal EEO complaint on a one -on -one basis or confront an employee (either the complaining employee or the accused) in relation to an EEO case that is either open or closed. In cases where the EEO Office moves forward with an internal EEO investigation, witnesses, co- workers, and management may be questioned. Both the accused and the complainant will have an opportunity to present their responses. Augusta, Georgia employees formally being accused of an EEO violation in writing have a right to the following: 1. To not receive: an assumption of violation, disciplinary actions, unjustified job relocations, unjustified assignment changes, a demotion or a termination merely based on an initial EEO accusation and /or a written complaint that has not yet been investigated and had a case finding issued; 2. To see the actual written charges submitted in the complaint; 3. To have seven days from the date of receipt of the written charges, to submit a response to the EEO Office and have this data included as part of the case investigation; and 4. To receive the final case findings in writing and to have a date of final case closure. EEO investigations are an internal - agency fact - finding process, not a formal hearing or a court trial. Therefore, no part of the EEO inquiry may be recorded (by the accused, charging party or third party witnesses) either by audio recording, transcription, or any other form. The EEO Office maintains the right to keep the official record of all inquiry data. All related parties shall receive a complete version of the final case finding. Usually, complete case findings are issued within thirty days of the filing of a formal written complaint. Section 200.012 Employee Relocation In Connection With A Pending EEO Case If the matter under EEO investigation is not impacting the job duties of the work group at issue, managers should allow employees (both the complaining party and the accused) to remain situated in the same physical work location, job assignment and department during an EEO inquiry. At the request of either party or if it becomes apparent the parties cannot remain in the same work environment during the course of the EEO investigation, all reasonable efforts will be made to modify the work environment pending the EEO investigation, including, but not limited to, shift change, relocation, or position modification. Affected employees should be returned to their previous work environment, job, and/or department within five days after a case is resolved, if appropriate. In cases where the employee will not be relocated back to their same work assignment or location, both the employee and the EEO Office should be notified in writing outlining the details of why the changes are being made. In such cases, the employee who initially made the EEO complaint has a right to file an appeal with the EEO Office if the employee feels that the changes are being made in retaliation to filing an EEO claim. All Rights Reserved 461 P a g e Section 200.013 Confidentiality This section is intended to protect the rights of individuals who file a written EEO charge with the EEO Office. Managers and all involved parties are expected to maintain the confidentiality of employees and other individuals directly involved in the EEO complaint process, to the extent possible. This includes confidentiality in relation to conversations, meetings, e- mails, written correspondence, final case - findings, and resolutions. Confidentiality does not mean that the accused will not be informed of the pending charges as the accused will be allowed to respond to allegations made by the complainant. Confidentiality during an investigation will be kept as much as possible and to the extent that it does not impede the investigation or a directive from the Augusta, Georgia Commission. Management, Human Resources Management, Law Department, related individuals, and, in certain cases the Augusta, Georgia Commission, may be advised of an investigation, have access to case information, asked questions in relation to allegations, and receive updates and/or final outcomes. Section 200.014 Honesty Code The complainant or charging party must sign a statement indicating that the allegations in the EEO complaint (either verbal or in writing) are honest, true, accurate, and not exaggerated. When issuing a statement or answering questions in connection with an EEO inquiry, an employee must, to the best of their knowledge and belief, be truthful in all of their oral and written responses. Individuals (including complainants, accused parties, employees, administrators, witnesses, managers, supervisors, information gatherers, persons submitting data and others) who fail to cooperate with the EEO Office, are found to have provided false information, file a frivolous claim, or alter written data in relation to an EEO inquiry or investigation will be subject to disciplinary action. Section 200.015 Management and Employee Cooperation All managers and/or employees connected to Augusta, Georgia are required to: (1) fully cooperate in EEO investigations; (2) provide any information (written, e- mailed, or oral) connected to an EEO investigation,;(3) make themselves available for questioning within five working days of a request for a meeting from the EEO Office (if this is not possible, an alternative date and time should be submitted in writing to the EEO Office); and 4) provide truthful and accurate statements to the EEO Office. Supervisors should not presume any employee (either the accused or the complainant) to be guilty of anything or institute disciplinary actions merely based on a pending EEO charge or case. Employees, managers, and Department Directors are encouraged follow the chain -of- command and procedures outlined in this policy in order to resolve any EEO - related concerns. Section 200.016 Complaint Closure At the conclusion of the investigation, the EEO Office will send its findings to the charging party and the accused. The Department Director of the accused will be issued a letter of findings which may include recommendations from the EEO Office. Generally, the finding will be issued within thirty working days after filing a complaint. However, in some cases, the EEO Office may extend the investigation time period. If the period of investigation is extended, all parties will be provided with written notification of the new deadline to complete the investigation. During the investigation period, ongoing mediation and support services may be provided by the EEO Office. Following each investigation, the EEO Office may All Rights Reserved 47 I P a g elect to forward additional recommendations to the Department Director, the Administrator, and/or the Augusta, Georgia Commission for consideration. Recommendations to the Commission and/or the City Administrator will be made at the discretion of the EEO Office or at the direction of the Commission. Upon approval by the Commission and/or City Administrator, individuals found by the EEO Office to be in violation of the equal employment opportunity policy shall be issued disciplinary action by the Department Director in an amount congruent with the severity of the violation. The Department Head or the highest level supervisor over the employee is required to initiate disciplinary action within five working days of receiving a written finding and confirmation of an EEO violation and do a follow -up letter to advise the EEO Office of the final actions taken at the departmental level. In cases where systemic violations relating to a department are found, the City Administrator, the Commission and the EEO Office shall collaborate to bring about corrective actions; this shall not eliminate actions against individuals within the department found to be in violation of the EEO policy. A written letter of resolution will be issued by the EEO Office and sent to the complainant and the charged individual. In certain cases where the EEO Office deems that the accused may have more likely than not violated the EEO policy or which may pose specialized concerns, the EEO Office may consult with legal counsel and/or seek a detailed legal case review in conjunction with the final internal EEO case finding. Section 200.017 Prohibition Against Retaliation Complainants, employees, management, participants, EEO Officials, and witnesses are protected against any form of organizational, administrative, or management retaliation due to, or in any part based on, participation in an EEO complaint, inquiry, mediation and /or investigation. A manager may not cause an adverse employment action or otherwise retaliate against an individual for filing a complaint of discrimination or participating in a discrimination proceeding. If employees believe they are being subjected to retaliation, they should notify the EEO Office in writing as soon as possible of the alleged retaliatory act. The written notice should outline in detail the allegations and dates of the specific retaliatory acts that the person believes are being done. Department managers and any other employees and officials found to have committed verifiable acts of retaliation against an individual in connection with an EEO case will be subjected to discipline as outlined in the Employee Handbook. While employees are protected from retaliation for filing EEO complaints, employees who knowingly file completely unsubstantiated or falsified EEO charges are subject to disciplinary action as outlined in the Employee Handbook. Section 200.018 Final Internal Case Closure and Appeal Rights The issuance of a final written case finding from the Augusta, Georgia EEO Office shall constitute the end of all Augusta, Georgia discrimination inquiries, investigations and appeals from or on behalf of both the complaining party and the accused. In the event any employee files a Charge of Discrimination with the Federal Equal Employment Opportunity Commission (EEOC) or any other federal or state regulating agency, a copy of such charge shall be forwarded to the Law Department as soon as practical, but in any event, no later than three All Rights Reserved 48 1P a g e business days after receipt of such charge so that the Law Department may execute necessary legal obligations, including distributing litigation hold letters. Within five business days of receipt of the Charge of Discrimination, the Law Department shall determine whether it shall conduct the investigation and respond, or the EEO Office shall investigate and respond. Any response to such charge shall be subject to Law Department review and approval prior to being submitted to the EEOC or other federal or state regulating agency. Section 200.019 Policy Updates, Jurisdiction and Other Matters This policy updates and clarifies EEO - related systems, policies and procedures that were previously being conducted for Augusta, Georgia. It shall be added as a section of formal policy to all current editions of the Human Resources Employee Handbook and all HR and departmental policies and procedures (formal and informal /verbal and written). HR and other departments are expected to acknowledge and adhere to the EEO Policies and Procedures. HR does not have the jurisdiction to investigate EEO - related matters. As to all matters that are not EEO - related, HR Policies and Procedures and/or the applicable City Ordinance shall control. The EEO Policy shall override any internal departmental policies and procedures in relation to EEO issues or complaints. This policy supersedes any prior policies or procedures in connection with the Augusta, Georgia EEO Office. All Rights Reserved 49 1 P a g e CHAPTER III. GRIEVANCES, DISCIPLINE, & APPEALS Section 300.001 Objective It is the practice of Augusta, Georgia to: 1. Provide fair, equitable, and timely grievance procedures for all regular employees; 2. Facilitate free discussion of employment concerns between employees and supervisors to foster better understanding of administrative policies, procedures, and practices; 3. Promote reaching a fair and equitable decision and doing so in a climate of mutual understanding and objective fact - finding; and to 4. Assure that those who file grievances are not retaliated against. Section 300.002 Grievance Policy Scope This grievance procedure applies to all regular full -time employees, with the exception of temporary employees, some elected officials, and members of the Senior Executive Service (SES). Additionally, contract employees and persons in Grant Funded positions are not covered. Augusta, Georgia reserves the right to depart from this grievance policy in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Section 300.003 Grievance Policy Undertakings No punitive, discriminatory, adverse, or retaliatory action shall be taken against any employee on account of the filing of a grievance or an appeal unless such grievance or appeal is frivolous. Frivolous is defined as a grievance or appeal that is completely unsubstantiated or falsified. All employees involved in processing a grievance will work diligently to insure that all grievances are handled fairly and expeditiously and that all required deadlines are met. Every effort shall be made to resolve grievances at the lowest possible level in the Augusta, Georgia organization. Grievances shall be resolved by making decisions that are best for the organization and employees. Not every grievance will be resolved to the employee's satisfaction, but each grievance will be investigated and the employee will receive a response. Department Directors shall be responsible for the administration of this grievance policy in their respective departments. All Rights Reserved 501 P a g e Section 300.004 Grievance Policy Definitions A "grievance" is a disagreement regarding an interpretation and /or application of administrative rule, regulation, policy, plan or procedure which exists under the personnel administration system of Augusta, Georgia which an employee feels is unjust or unfair. A "working day" for this policy is defined as any day of business between workings hours of 8:00 a.m. and 5:00 p.m. excluding Saturday, Sunday and Augusta, Georgia observed Holidays. Section 300.005 Exclusions From the Grievance Procedure 1. Formal Disciplinary Actions (i.e. written warnings, PIPs, suspensions without pay, demotions, and terminations) handled through the appeal process defined in the Appeal Section of this policy. 2. Complaints of Sexual Harassment (These allegations should be filed with and will be processed according to the Policies and Procedures established by the Commission for the Augusta, Georgia Equal Employment Office (EEO Office)). 3. Complaints of Discrimination (Allegations regarding discrimination based on race, age, sex, national origin, religion, veteran status and disability should be filed with and will be processed according to the Policies and Procedures established by the EEO Office). 4. Wage /compensation issues pertaining to pay or benefits; validity of established salary ranges of the current Augusta, Georgia pay plan; or salary, title, or duties and grade of a position or job evaluation. 5. Hours of work and work schedules or performance appraisals /ratings /performance standards. 6. Non - selection from a bona -fide referral list of qualified and/or highly qualified candidates provided to the selecting official from HR. Section 300.006 Grievance Policy General Provisions Grievances may be initiated only by the employee concerned and may not be pursued without the affected employee's consent. Repeated filing of grievances concerning the same issue which has been denied will not be considered. The employee filing a grievance may, at any step in the procedure, request the assistance from the HR Department or from an advisor /advocate of his or her choosing. If this advocate is a current employee, the advocate must obtain his or her supervisor's permission to participate. The advocate can only present or prepare for the panel hearing during the advocate's off -duty hours. Supervisors or Administrators hearing a grievance are urged to call upon the HR Director for advice of assistance in the appropriate interpretation of Augusta, Georgia rules and procedures. This procedure is normally intended for the use of individual employees. Should a number of employees All Rights Reserved 511P a g e file separate grievances on the same matter, such grievances may be combined. A final determination on the combined grievance shall be binding on all such similar grievances, and a copy of the final determination shall be provided to all complainants. Any grievance shall be considered resolved at the completion of any step if all parties are satisfied or if neither party appeals the matter to the next step of the procedure with the prescribed period. Section 300.007 Presenting a Grievance Grievances must be presented, in writing, to the appropriate supervisor /manager in the chain -of- command within ten (10) working days from the date of the act or from the date the employee became aware of the occurrence. Grievances submitted after this time are untimely and will not be considered. Grievances must be submitted on the grievance form prescribed by the HR Director for this purpose. If the supervisor does not comply with the time limits within a step of the procedure, the employee filing the grievance may proceed to the next level of review. A supervisor who is not responsive to the time limits set forth in this procedure maybe subject to disciplinary action. Failure of the grievant to comply with established time limits shall constitute abandonment of the grievance and an exhaustion of such employee's administrative remedies as to the issue grieved. Since it is important that grievances be resolved as rapidly as possible, time limits, as set forth in the previous paragraphs, shall be considered a maximum and efforts shall be made to expedite the process. If either party wishes to extend any time limit at any step a request for extension should be made in writing to the Department Director, indicating justification for the request at least twenty -four (24) hours prior to the deadline established for the various steps. Section 300.008 Grievance Process Step One: Immediate Supervisor Augusta, Georgia's position is that issues are best resolved when there is open communication between employees and supervisors. It is the responsibility of any employee who believes that he /she has a bona - fide grievance to promptly discuss the issue with his or her immediate supervisor and attempt to resolve the matter at this level. It is recommended that the employee verbally express the suggested solution. The immediate supervisor shall give an oral response to the employee. Every reasonable effort shall be made to resolve the problem at this step. If the employee is not satisfied with a supervisor's oral response, or chooses to bypass this step, then the employee may proceed to step two. Step Two: Chain of Command The employee shall complete a written Employee Grievance Form and submit it to the immediate supervisor within five (5) working days of the event that gave rise to the grievance or when the employee first became aware of the issue. Upon receipt of a written grievance, the immediate supervisor shall consult with their immediate supervisor (if appropriate) and immediately forward a copy of the grievance to the Department Director. If there are other supervisory levels between the immediate supervisor and the Department Director, (i.e. field supervisor, assistant director, etc.) these levels should participate in resolving the grievance at this Step since the next step is the Department Director. The immediate All Rights Reserved 52 ( P a g e supervisor and other supervisors in the employee's chain of command shall enter their joint comments on the Employee Grievance Form and return it to the employee within five (5) working days of receipt of the grievance by the employee's immediate supervisor. Where a grievance concerns the conduct of the immediate supervisor, the next supervisor in the chain of command may choose to respond at this step. If the written response of the immediate supervisor and/or other supervisors does not satisfy the complainant, the employee may proceed to the next level by presenting the grievance to the Department Director within five (5) working days of receiving the step two response. Step Three: Department Director Upon receipt of a timely submitted step two exhausted grievance, the Department Director will conduct whatever investigation they deem necessary as part of their review of the grievance. Within ten (10) working days of having received the written grievance, the Department Director shall submit a written response to the complainant. A copy of the response shall also be provided to the supervisors in the employee's chain of command at the Department level and to the HR Director. If the Department Director's response is not acceptable to the complainant, the complainant may request that the Administrator (or appropriate designee) review the grievance through a request to the HR Director. Such a request must be made on the Employee Grievance Form, within five (5) working days after the employee receives the Department Director's response. Step Four: Administrative Review Upon receipt of a timely submitted step three exhausted grievance, the HR Director will investigate the grievance and recommend a solution to the Administrator. The HR Director will have ten (10) workdays to provide a recommendation to the Administrator. The Administrator may accept the HR Director's recommendations, conduct his or her own investigation, and/or hold an Administrative Review hearing. The Administrator or his or her designee will present a final decision within ten (10) working days of receipt of the grievance from the HR Director. The Administrator's decision is final. Such final decision shall be sent to the employee via U.S. Certified Mail. Section 300.009 Grievance Witnesses The grievant and the department may call witnesses to testify at a grievance hearing. Falsifying a statement is considered "serious misconduct" and may result in the employee's suspension or separation from employment. Section 300.010 Grievance Documentation Once a grievance submitted to the Administrator has been resolved, all documentation associated with the grievance will be forwarded to the Human Resources Department. Although grievance documentation is part of the employees' records, the documentation will be maintained in a file separate from the employee's official personnel file in the HR Department. All Rights Reserved 53 I P a b Section 300.011 Discipline Purpose: To establish a uniform, fair, and standardized means by which Augusta, Georgia may administer a program of disciplinary procedures and guidelines. Disclaimer: 1. Disciplinary action may be taken against an employee when a rule of Augusta, Georgia or the Department is violated, when work performance is not satisfactory, when counter - productive or inappropriate behavior is exhibited, or violation of lawful orders, work rules /standards, organizational Standard Operating Procedures (SOPs), administrative rules, organizational policies and procedures, ordinances, and/or statutes. A discipline program should exhibit promptness, impartiality, consistency, and fairness, where employees know what to expect as the result of certain behaviors on the job (See Recommended Guidelines for Disciplinary Actions- Table I). 2. Augusta, Georgia generally follows a policy of progressive discipline. The purpose of a progressive disciplinary procedure is to give the employee adequate notice and opportunity to correct any deficiencies, and its focus is on prevention of future violations rather than on punishment. The disciplinary action taken is normally to be the least serious action needed to prevent future instances of inappropriate behavior. If inappropriate behavior continues, the employee can expect further and more serious discipline. This policy does not restrict the imposition of a suspension, demotion, or termination in matters that are outside the progressive discipline policy. Augusta, Georgia reserves the right to depart from this discipline policy in its sole discretion. All employees are employed at will, and both they and Augusta, Georgia may terminate the employment relationship at any time, with or without cause, without following any specific procedure. Types of Discipline: The types of disciplinary action, in order of their severity, are: A. Informal Discipline 1) Letter of Warning A Letter of Warning is a type of informal disciplinary action and may be used to admonish an employee for committing a minor violation. It is often used when verbal counseling, admonishments, on the job training, and /or guidance has failed to provide the necessary corrective action. The "Notice of Warning Letter" (See Form HR -ER 1) provides documentation that the counseling occurred, outlining the shortcomings or violations and then offering recommendations for improvement. Informal discipline documentation is maintained at the department level. Informal disciplinary actions are not subject to the grievance or appeals processes. All Rights Reserved 54 1 P a b e B. Formal Discipline 1) Written Reprimand A Written Reprimand is an admonishment given to the employee in writing, and is always placed in the official personnel file in Human Resources. This form of discipline is more serious than a Letter of Warning, but less serious than a suspension. A Written Reprimand often serves as the type of discipline given for a repeated offense of minor violations or for the first offense of a moderately serious infraction. The "Notice of Written Reprimand" (See Form HR -ER II) will be completed by the Department Director and forwarded to Human Resources for inclusion in the employee's official personnel file. If a Letter of Warning or any other relevant disciplinary actions has been issued previously, a copy may be attached as supporting documentation. The letter of Written Reprimand may be used to support further disciplinary actions for a period no longer than three (3) years from the date of receipt. 2) Performance Improvement Plans The Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between a staff member and his or her supervisor and to clarify the work performance to be improved. It is implemented, at the discretion of the supervisor and Department Director, when it becomes necessary to help a staff member improve his or her performance. A PIP will be conducted for period of ninety (90) days and must be approved by the Department Director. If an employee shows improvement but not enough that the employee meets the status of "satisfactory ", the PIP may be extended for a period of ninety (90) days within a one (1) year cycle for a total of no more than two (2) PIP plans. If an employee does not show improvement after the initial PIP or does not meet the status of "satisfactory" after two (2) PIPs, the Department Director can recommend the employee for demotion or termination. 3) Suspension Without Pay A suspension is the most severe form of discipline, short of demotion or termination, and involves time off without pay. It is used when a written reprimand has not corrected the inappropriate behavior or when an offense is more serious than that warranting a reprimand. A suspension may last from one (1) to thirty (30) days depending on the seriousness of the infraction. Any suspension shall utilize the "Notice of Proposed Disciplinary Action" form (Form HR -ER III) and must be approved by the Department Director, or equivalent, prior to issuance to the employee. A copy will be processed through the HR Director. 4) Demotion With A Pay Reduction Performance -Based Demotion An involuntary demotion may occur based on poor performance and is appropriate where: All Rights Reserved ss P a g e 1. The employee's inability to perform current job duties has been demonstrated and documented in the employee's record through one or more PIPs; 2. The employee's record is otherwise satisfactory and no other active rule violations exist, e.g. attendance, punctuality, etc.; 3. The employee is qualified for the lower grade or alternative position; 4. The employee has the ability, is qualified, and a vacancy exists, the employee may be demoted to another position which may be in a lower pay grade or transferred to another job within the employee's functional unit; and 5. The Director of Human Resources has provided final approval for a demotion. If an employee has been promoted or transferred in the last year and the employee is not performing at a level expected in the new job, then the employee may request to return to the previous job or a job similar to the previous job and their salary will return to what it was prior to the promotion or transfer. The availability of such a job may depend upon mitigating circumstances, such as whether the job has already been filled within the same department. Augusta, Georgia will assist the employee in finding a suitable job that corresponds to their experience, skills, and knowledge. Should the job previously held by the employee be filled and no other comparable position exists, the employee will be placed on lay -off status until a comparable position may be found. However, if within six (6) months a comparable position is not found the employee will be placed on permanent lay -off status. Performance -Based Demotions with pay reductions may be considered in cases where moving the person out of their current position is more appropriate than termination. Conduct -Based Demotions An involuntary demotion may also occur based on poor or unacceptable conduct. With this type of demotion, a Performance Improvement plan is not necessary or required. 1. Unacceptable personal conduct violations are outlined in the violations and recommended disciplinary actions in Table I. These conduct violations may include but are not limited to: personal conduct that disrupts work or the work environment, jeopardizes the safety of persons or property, or creates other serious disruptions in the workforce. 2. There are circumstances in which unacceptable or bad conduct could warrant imposing disciplinary action that is more severe than suspension but less severe than termination. An acceptable alternative disciplinary action for this type of conduct can be demotion in lieu of termination. Provided the employee is qualified, a funded vacancy exists, and the Department Director believes that demotion would be a more appropriate disciplinary action than termination; the employee may be involuntarily demoted to another position which may be in a lower pay grade or transferred to another job within the employee's functional unit. In either case the demotion in pay and /or grade would require a minimum ten percent (10 %) reduction in base pay. Prior to demotion, the proposed action must be reviewed and approved by the Director of Human Resources. All Rights Reserved 56 1 P a s e 5) Termination Termination from employment is the most severe form of discipline. It is normally used when an employee has been disciplined repeatedly and commits yet another infraction. It may also be used when the employee has committed any infraction that falls outside progressive discipline, regardless of disciplinary history. For every termination the "Notice of Proposed Termination" form should be filled out completely by the Department Director and should be delivered to the HR Director for review and processing. The request for termination will be approved/disapproved by the HR Director who will issue a final "Notice of Decision." Section 300.012 Discipline Guidelines and Procedure 1. An employee for whom formal disciplinary action (i.e. written reprimand, PIP, suspension, demotion, or termination) is being considered should, when possible, be allowed notice prior to imposition of such action by the use of the "Notice of Proposed Disciplinary Action" form. The employee will have five (5) working days in which to respond in writing or orally to the Department Director explaining why the action should not be taken. Failure to respond within that period will not delay administering of the disciplinary action. 2. Suspensions (for any reason), terminations, and demotions are permanent actions and will be retained in the official personnel file indefinitely. 3. Any disciplinary action recommending a suspension, demotion, or termination must be in writing and must be approved by the HR Director prior to disciplinary action being imposed. 4. An effective discipline program is characterized by the uniform application of rules and regulations. Generally, like offenses should result in similar disciplinary actions. At the same time, the supervisor administering the discipline may consider additional factors such as years of service and internal consistency. 5. It is recognized that similar offenses may result in different disciplinary actions, depending on work history, circumstances, and the severity of the offense. For example, an employee who is charged with "absence without approved leave" (AWOL) for a two -week absence may be terminated while an employee who is charged with AWOL for a two -hour absence may only receive a one -day suspension. Both employees are charged with the same offense, but receive different disciplinary actions. 6. Other factors that may influence the severity of disciplinary action include, but are not limited to, the following: the length of the employee's service, the quality of the employee's service, the cost involved, and the cooperation of the employee in the investigation of the specific incident. Ensuring that disciplinary actions are administered in a fair, consistent, and non - discriminatory manner is ultimately the responsibility of the HR Director. 7. An employee may not be punished more than once for the same offense by any other management official of Augusta, Georgia. Previous offenses may, however, be taken into account when considering future discipline. Disciplinary actions by law enforcement or any other outside agency does not prohibit Augusta, Georgia from also taking disciplinary action. For example, if an employee is issued a citation by law enforcement during the investigation All Rights Reserved 571 P a g e of an "at fault" accident, this does not prohibit Augusta, Georgia from imposing disciplinary action as well. 8. In determining the proper level of disciplinary action, which would be suitable to a particular offense, refer to the "Recommended Guidelines for Disciplinary Actions. This Table of Guidelines (Table I) provides examples of misconduct but may not be all- inclusive. Augusta, Georgia has the right to discipline an employee for offenses not specifically listed. If an act or violation is of a very serious nature, intermediate levels of progressive discipline may be bypassed with more severe penalties imposed. 9. In addition to a thorough narrative with any supporting evidence as necessary, supporting the reason(s) for the charges or offense in question, the Department Director should cite any applicable "Violation Reference" code found on the table of guidelines. (HR -ER Form). More than one reference may be cited in making record of the disciplinary action. The specific action or punishment to be taken is at the discretion of the Department Director; particularly egregious violations may bypass the progressive discipline process. Note: The Personnel Board shall consider only Appeals of employees as it relates of dismissals or terminations. Decisions of the Personnel Board may be appealed to the Administrator. All Rights Reserved 581P a g e Review and Approval Process Formal Submitter Approver Time to 1St Appeal 2 Appeal Discipline Appeal Written Supervisor/ Department Reprimand Manager Director 5 Days HR Director None Supervisor/ Department PIP Manager Directors 5 Days HR Director None 1 -3 Days Supervisor/ Department HR Suspension Manager Director 5 Days Director None 4 Days or more Department HR Suspension Director Director 5 Days Administrator None Department HR Demotion Director Director 5 Days Administrator None Department HR Personnel Termination Director Director 5 days Board Administrator 1. If the actions necessary are not time - sensitive, the supervisor shall notify the employee (Notice of Pending Disciplinary Action" form) that formal disciplinary action, i.e. suspension, demotion, or termination, is being considered. This notification shall provide facts and a description of the alleged infraction(s) and the consequences under consideration. The employee shall be given five (5) working days in which to provide a written response to the Department Director, with a copy to HR, showing cause as to why disciplinary action should not be taken. 2. When a regular employee is charged with misconduct that serves as a basis for termination or demotion, the Department Director may (but is not required to) place the employee on up to three (3) days Administrative Leave with pay. The administrative leave will be unpaid if the employee is otherwise unavailable to perform his or her job duties or if unpaid Administrative Leave is approved by the HR Director. 3. Infractions of a serious nature may require prompt action, not allowing for advance notification. Any written communication from the employee will permanently accompany the relevant disciplinary action. All Rights Reserved 59 I P a g e 4. The Department Director must coordinate with the HR Director to assure procedural compliance prior to issuance of any proposed or final decision. Within ten (10) workdays of receipt of the employee's written response, the Department Director or HR Director will decide and issue the disposition in the matter using the "Notice of Final Decision Form HR- ER IV." 5. Upon receipt, the employee should sign and date a "Receipt Acknowledged" of Notice of Final Decision. A copy of all documentation associated with the case will be furnished by the Department Director to the HR Department for filing in the Official Personnel File. Section 300.013 Appeal of Submitted and Approved Discipline 1. In order to remain timely, the request from the employee for an Appeal to the HR Director, Administrator or Personnel Board, must be written, signed and filed in the HR Department within five (5) business days of the employee receiving notice of the recommended disciplinary action, or Final Decision by the Department Director or HR Director. The effect of an employee's failure to request an Appeal within this five (5) day period is the waiver of their right to appeal the recommendation, action or decision and a failure on their part to exhaust their administrative remedies. In such instances, the recommendation for discipline made by the Department Director (or manager) or the Final Decision made by the HR Director shall become a Final Decision which is not appealable. 2. A written statement by the employee specifically referencing suspension, demotion, or termination and providing their reasons, to include any relevant documentation, for recommending the disciplinary action be overturned, shall be forwarded to the HR Director. The HR Director will review the documents for timeliness and completeness and, if a timely appeal is made, shall forward a copy of the request to the next appeal level within ten (10) working days of receiving the request. 3. For suspensions of four (4) or more days, demotions, and terminations, the HR Director or designee shall hold an administrative review conference at which time the employee shall be authorized to present information that is pertinent to the charges on his or her behalf. (For suspensions of 1 to 3 days, the Department Director or designee shall hold an administrative review conference). If an employee wishes to have an attorney present at this conference, said employee must inform the HR Director of such intentions at least forth -eight (48) hours prior to the conference. The HR Director may seek legal representation from the Law Department in any such conference or Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 4. The HR Director, or designee (Department Director for suspensions of 1 -3 days) shall render a decision on the recommendation based on all of the relevant information. The HR Director's (or Department Director's) decision is final, and, the employee shall be notified of this decision in writing. All Rights Reserved 601 P a c e Section 300.014 Appeals to the Personnel Board: Terminations Only Note: Only full -time regular employees may appeal Terminations. SES and Probationary employees may not appeal to the Personnel Board. 1. The employee shall have five (5) business days from notification by the HR Director to appeal a termination or dismissal (Form HR -ER V) via the HR Department to the Personnel Board. 2. Upon receipt by the HR Director of a timely written request for appeal of termination by the employee, Human Resources will, within ten (10) working days, submit all documentation, including a statement of charges, to the Personnel Board. 3. At its next scheduled meeting, the Personnel Board will hold an open hearing and receive evidence in relation to the Appeal in accordance with the bylaws of the Personnel Board. 4. If an employee wishes to have an attorney present at the Personnel Board hearing, said employee must inform the HR Director of such intention at least forty -eight (48) hours prior to the hearing. The HR Director may seek legal representation from the Law Department in any Personnel Board Hearing irrespective of whether the employee has requested an attorney or not. 5. Within ten (10) working days of the hearing, a written decision will be rendered by the Personnel Board. Such decision shall contain a descriptive statement by the Chairman of the Personnel Board describing the reasons the Board rendered the decision it made. 6. The HR Department will notify the employee in writing of the decision of the Personnel Board. Section 300.015 Personnel Board By -Laws (A) Purpose. The purpose of these bylaws is to establish uniform procedures for the conduct of hearing and meeting of the Augusta, Georgia Personnel Board (hereinafter "Personnel Board" or "Board "). (B) General Provisions. (1) After an appeal of a dismissal has been properly filed with the Human Resources Department, the appeal shall be forwarded to the Chairperson of the Personnel Board to be scheduled for a hearing before the Personnel Board. (2) Notice of Hearing. Within seven (7) days from the filing of an appeal in accordance with the Employee Administrative Policy & Procedures Manual (hereinafter "Employee Manual "), the Chairperson of the Personnel Board shall designate an appropriate time and place to conduct the hearing and shall so notify all parties in writing. Such notification shall be mailed or served at least ten (10) calendar days in advance of the date set for the hearing. The Personnel Board will conduct an investigation into the charges based on the information provided by the Human Resources Department. At its next scheduled meeting, the Personnel Board will hold an open hearing and receive any additional evidence in relation to the Appeal. The Chairperson of the Personnel Board, or a majority vote of the Board, shall have the authority to postpone or to All Rights Reserved 61 ( P a g e continue a hearing (either in the Chairperson's discretion, upon a motion by the Personnel Board or upon the motion of either party, orally or in writing). (3) Representation. Opportunity shall be afforded both parties to represent themselves or to be represented by an attorney licensed to practice law in the State of Georgia. All arrangements for providing legal counsel shall be the responsibility of the party desiring such representation. An employee intending to have representation shall inform the Director of Human Resources of such intentions at least 48 hours prior to the scheduled date of such hearing. (4) Pre - Hearing Conference. The Chairperson of the Personnel Board may arrange a pre- hearing conference for the purpose of reviewing the matter being appealed and establishing stipulations to expedite the hearing. (5) Witnesses. (a) The appellant or the Human Resources Director (or his or her designee) may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the case. Employees appearing as witnesses shall be released from duty without loss of pay or time and without effect on their service rating. However, the Personnel Board does not have subpoena powers to compel a witness's attendance. (b) No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from testifying. (c) Each party shall provide the opposing party a witness list at least three (3) business days in advance of a scheduled Personnel Board hearing. A party seeking to have a witness testify that is not on their witness list may only do so with the consent of the opposing party. (6) Record of Hearing. A recording shall be made of all hearings; however, such recording will not be transcribed unless the Personnel Board decision is appealed in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual; or a transcript is requested by the Personnel Board or either party to the hearing. If the employee requests a copy of the transcript prior to appealing the Personnel Board's decision, the employee shall pay the cost of having the recording transcribed. In addition to the recording of the hearing, or a transcription thereof, all documents entered into the record during the hearing shall be made part of the official record of the hearing. It shall be the responsibility of the clerk of the Personnel Board to compile the official record of the hearing and, upon the filing of an appeal of the Personnel Board's decision, to have such record certified by the Chairperson of the Personnel Board. (C) Heari Process. (1) Role of the Board. The Personnel Board shall have the authority to do the following in connection with any hearing: (a) To administer oaths and affirmations; (b) Regulate the course of the hearing; (c) Set the time and place for continued hearings and pre - hearing conferences; (d) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Personnel Board; All Rights Reserved 62 1 P a g e (e) To make informal disposition of any case by stipulation, agreed settlement, consent order or default, unless such disposition is precluded by law; (f) To render a decision as to issues properly presented to the Personnel Board; and (g) To file Answers to Writs of Certiorari properly filed in the Superior Court of Richmond County. (2) Attendance at the Hearing. Any hearing at which the Personnel Board receives evidence or hears arguments on appeals of disciplinary actions, dismissals, or other purported violations of the rules shall be open to the public in accordance with Georgia Open Meetings Law. Witnesses may, however, be sequestered at the discretion of the Board. (3) Evidence. With respect to all hearings before the Personnel Board: (a) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied to the trial of civil non -jury cases in the Superior Courts of Georgia shall be followed. Evidence not admissible there under may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Personnel Board shall give effect to the rule of privilege recognized by law; (b) Objections to evidentiary offers may be made and shall be noted in the record; (c) When a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (d) Documentary evidence may be received in the form of copies of excerpts if the original is not readily available; and (e) The Director of Human Resources may proceed with the presentation of evidence first. (4) Conduct of Hearings. In the hearing of an appeal, the proceeding shall be informal but orderly. The following procedure shall prevail: (a) The Chairperson of the Personnel Board shall open the hearing by explaining the procedure to be followed in the hearing. (b) Witness shall be sworn in and at the discretion of the Chairperson any or all witnesses may be sequestered; (c) The Chairperson shall read or cause to be read the charges and specifications of the issues to be determined by the Personnel Board; (d) The facts not in dispute may be stipulated; (e) Each party shall be given an opportunity to make a brief opening statement identifying the issues and indicating what is to be proven. The Human Resources Director shall present their opening statement first followed by the employee; (f) The Human Resources Director will begin its presentation of evidence followed by the employee; (g) All witnesses shall testify under oath or affirmation. The employee and the Human Resources Director may call witnesses to testify at a grievance hearing. Falsifying a statement is considered as "serious misconduct" and may result in the employee's suspension or separation All Rights Reserved 63 I P a g e from employment; (h) Each party may conduct such cross examination as shall be required for a full and true disclosure of the facts. In addition, the Personnel Board members may examine the witnesses; (i) Before closing the hearing, the Chairperson may allow both parties the opportunity to make brief oral or written closing statements. The employee may present his or her closing statement first; (j) At any point during the hearing, of his/her own accord or at the request of either party, the Chairperson may grant a fifteen (15) minute recess to allow the parties engage in confidential settlement negotiations. This initial fifteen (15) minute recess may be extended by the Chairperson if both parties signify that progress is being made in the settlement negotiations. (k) Within ten (10) working days of the hearing, a final decision will be rendered by the Personnel Board. Should the Board fail to overrule the dismissal decision, the dismissal shall stand. If the dismissal decision is reversed by the Personnel Board and the Personnel Board's decision is upheld in the review and appeal process (or no timely appeal is filed), the employee shall be "made whole" by being reinstated as an employee and provided back pay. (1) The Human Resources Director will notify the employee in writing of the final decision of the Personnel Board and will be responsible for implementation of any action ordered by the Board. (5) Time Limitations. In the hearing of an appeal, the parties are subjected to the following time limitations in the presentation of their cases and such time will be monitored by the clerk of the Personnel Board. (a) Opening Statements. Each party shall have a maximum of five (5) minutes to make an opening statement. (b) Presentation of Evidence. Each party shall have an initial time period of thirty (30) minutes . to present evidence in support of their case. A party may be granted one or more extensions of time in fifteen (15) minute increments, upon motion and good cause shown, to complete presentation of evidence in support of their case. (c) Closing Statements. Each party shall have a maximum of five (5) minutes to make a closing statement. (D) Review of the Personnel Board's Decision. A decision of the Personnel Board shall not limit the rights of either party to further review and such decision shall be stayed by the filing of a petition for review. Any party, including the Human Resources Director, who has exhausted all administrative remedies available before the Personnel Board and who is aggrieved by a final ruling or order of the Personnel Board on any hearing may seek further review of the decision or order of the Personnel Board in accordance with the Augusta, Georgia Personnel Policies and Procedures Manual. (1) In the absence of an appropriate action for review of the Personnel Board's decision, within such time for review, the Personnel Board's decision shall, without further proceedings or notice, become the final decision of the Personnel Board and any right of additional appeals shall be extinguished. (2) Record for Review of Board's Decision. Upon receipt by the Chairperson of the Personnel Board of an appropriate action for review of the Personnel Board's Decision, the Board Clerk and/or All Rights Reserved 64 1 P a g e Human Resources Department representative shall transmit a certified copy of the entire record to the reviewing body. (3) The Chairperson of the Personnel Board Shall Answer any Writ of Certiorari to the Superior Court of Richmond County. Section 300.016 Appeals from the Personnel Board to the Administrator: Terminations Only 1. Should an employee or the HR Director disagree with the Personnel Board's decision, either may file an appeal to the Administrator, whose decision shall be the final administrative step in the appeals process. The employee and the HR Director shall have five (5) business days from notification of the decision of the Personnel Board being sent by the HR Department to the employee, to file a written appeal to the Administrator. The written appeal shall contain a short descriptive statement containing the reasons the appealing party believes the Personnel Board's decision should be overruled. 2. Within ten (10) working days of a timely filed request for appeal to the Administrator, the Human Resources Department shall deliver a complete transcript of the Personnel Board hearing and all documents and items admitted as evidence by the Personnel Board in accordance with the Personnel Board bylaws. 3. The Administrator shall review the Personnel Board Record and render a written decision and within ten (10) working days of the delivery of the Personnel Board record. The Administrator may uphold, overturn, or modify the decision of the Personnel Board at his or her discretion. The Administrator's decision shall contain a descriptive statement describing the reasons the Administrator rendered the decision he or she made. Section 300.017 Appeals from the Administrators Final Decision to Superior Court 1. Should an employee or the Augusta, Georgia Commission disagree with the Administrator's decision, either may file an appeal to Richmond County Superior Court in accordance with the laws of the State of Georgia. 2. In the event that an appeal to Superior Court is filed, it shall be the responsibility of the HR Director to ensure that a certified copy of the complete record is submitted to Superior Court in accordance with Georgia law and the Personnel Board Bylaws. All Rights Reserved 65 ( P a g e Notice of Letter of Warning (Form HR ER I) Employee Job Title Date Hire Supervisor Job Title Department Date of Incident I. Explanation II. The following corrective action is expected of the employee: I. Future infraction(s) may result in: Signatures Employee Date Supervisor Date All Rights Reserved 66 1 P a g e Notice of Disciplinary Action Form (Form HR ER II) Written Reprimand Employee Job Title Date Hire Supervisor Job Title Department Date of Incident II. Disciplinary action is being taken for the following reason(s) (include dates(s) of infraction and violation of stated policy): III. Explanation (include dates and explanation of previous relevant discussions and/or discipline): IV. The following corrective action is expected of the employee: V. Future infraction(s) may result in: All Rights Reserved 67 ( P a g e EMPLOYEE COMMENTS (To be completed by employee.) Signatures Employee Date Supervisor Date Employee's signature indicates receipt of form and does not necessarily indicate concurrence. ❑ Employee declined to sign. A copy of this form will be placed in the employee's official personnel folder Distribution of copies: Original to employee Departmental file Human Resources employee file All Rights Reserved 68 1 P a g e Notice of Disciplinary Action (Form HR -ER III) (Suspension/Demotion) Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action — Decision to Suspend Without Pay: Dear Mr. /Mrs. /Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been placed on suspension for ( ) days. This is due to your violation of Augusta, Georgia Policies. State violations: Please be advised that in accordance with the Augusta, Georgia Grievance and Appeal Procedures, you have the right to file an appeal. Your request for an appeal must be submitted to the Director of Human Resources in writing within five (5) working days, of receipt of this letter. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706 -821 -2303. Sincerely, Name Receipt acknowledged: Date: All Rights Reserved 69 I P a b e Notice of Disciplinary Action (Form HR HER IV) Recommendation for Termination Current Date: Employees Name: Street Address City, State, Zip Code RE: Notice of Proposed Disciplinary Action — Termination: Dear Mr. /Mrs. /Ms: (Employees last Name) This letter is to inform you that effective (date and time) you have been recommended for termination. This is due to your violation of Augusta, Georgia Policies. State violations: If you disagree with this recommendation you may request that the HR Director conduct an administrative review of this request where you will be provided the opportunity to explain why you believe you should not be terminated. To request an administrative review of this recommendation, you must submit a written request to the Director of Human Resources within five (5) days of receipt of this letter. Your request for an administrative review should be forwarded to the attention of the Director of Human Resources, 530 Greene Street, Room 601, Augusta, Georgia 30901. Should you not agree with the HR Director's decision following the administrative review, you have the right to appeal to the Augusta, Georgia Personnel Board within five (5) days of receipt of the written notification of the HR Director's decision. If you have, any additional, questions or concerns related to this information do not hesitate to contact me or the Director of Human Resources at 706 - 821 -2303. Sincerely, Name: Receipt acknowledged: Date: All Rights Reserved 70 1P a g e Request for Admin Review or Appeal (Form HR -ER V) Any regular employee in the Classified Service recommended for a written reprimand, performance improvement plan, suspension without pay, demotion, or termination has a right to Administrative Review by the Director of Human Resources or the Administrator (depending on the level of discipline). This request must be submitted to the Director of Human Resources in writing within five (5) working days of receiving notice of the recommended action. Employee Name Employee ID # Employee Title Date of Hire Department No. Department Name: Department Head Supervisor Date of Incident Nature of Incident I am appealing the following disciplinary action (place an "X" in the appropriate box): Suspension without Pay ( ) Demotion () Termination ( ) REASONS FOR THE ADMINISTRATIVE REVIEW INSTRUCTIONS: Please state exactly what happened to cause the disciplinary action, when it happened, who was involved and what policy, law, or contract clause you allegedly violated, and reason(s) you believe that the action taken against you by management was not justified (print or type): Note: You may attach additional documents or continue your written request on additional pages, but you must number and sign /date each additional page. Employee Signature: Date Received by (Human Resources Department): Human Resources Signature: Date All Rights Reserved 711 P a g e Was request filed within five (5) workdays of receipt of the disciplinary action? Yes No If the employee's administrative review request was not received by the Human Resources Director within five (5) working days of receipt of the disciplinary action, it is untimely and will not be processed. In this event, please sign below, copy and return the original of the appeal to the employee: Human Resources Department Date Original to employee Departmental file Human Resources employee file All Rights Reserved 72 1 P a g e (NOTICE OF FINAL DECISIONS) (Form HR ER VI) VIA CERTIFIED MAIL /RECEIPT REQUESTED Current Date: Employees Name: Street Address City, State, Zip Code RE: Final Decision: Dear Mr. /Mrs. /Ms: (Employees last Name) An administrative review was conducted on (Date) for violation of Augusta, Georgia Policies and Procedures: State violations as stated: After considering all of the facts, I am in agreement with the Department Director's recommendation regarding the (Demotion, suspension, Termination) etc. In accordance with the policies and procedures of Augusta, Georgia this decision may be appealed in accordance with the procedures provided in the Employee Handbook. [Reference the sections in the handbook relevant to the type of decision rendered.] Sincerely, [Name], Human Resources Director cc: [Name], Administrator [Name], General Counsel [Department Director, Title] All Rights Reserved 73 1 P a g e Table I Recommended Guidelines For Disciplinary Actions LEGEND: L = Letter of Warning S = Suspension W = Written Reprimand T = Termination first Second Infraction -s v 4 ", 0 Disregard for or willful failure to Insubordination W S/T follow the written instruction or direction of a supervisor or higher authority Abusive verbal conduct directed at a Insubordination W/S S/T supervisor within the employee's chain-of-command. Failure to work overtime, special Insubordination W-S S/T hours, or special shifts or be on stand- by, as directed Violation of any Augusta, Georgia, Neglect of Duty L W S T department or division rule or directive Inability to perform up to accepted Neglect of Duty L W S T work standards Habitual tardiness, unscheduled Neglect of Duty L absence (six (6) or more in a 180 day period), absenteeism, and/or abuse of leave privileges Willful neglect in performance of Neglect of Duty W/S S/T duties Job abandonment for 3 consecutive Neglect of Duty S/T scheduled workdays, or 2 consecutive 24-hour shifts. Leaving the assigned work area Neglect of Duty L during regular working hours without permission or until relieved. Absence without approved leave, Neglect of Duty W including failure to call in or report an absence to a supervisor the day the absence begins. All Rights Reserved 74 P age r y� F Being identified as "at fault" in an Neglect of Duty See SRC See SRC See SRC accident or collision by the Safety Penalty Penalty Penalty Review Committee while the operator Matrix Matrix Matrix of Augusta, Georgia vehicle or piece of equipment. Failure to maintain licenses, Neglect of Duty S/T T certifications and/or other professional credentials required for employment or failure to notify appropriate Augusta, Georgia officials of their loss, suspension, or revocation. Suspension or revocation of Driver Neglect of Duty W /S /T S/T T License or Commercial Driver License (CDL) if it is required for the performance of job duties. Willful or negligent violation of a Neglect of Duty W /S /T S/T T safety policy, which results in property /equipment damage or . ersonal injury. Violating a safety rule or practice or Neglect of Duty W /S /T S/T T any conduct which could endanger a co- worker or member of the .ublic. Operating, or directing the operation, Neglect of Duty W S T of an Augusta, Georgia vehicle or equipment without proper qualifications or supervision. Failure to immediately report any on- Neglect of Duty W S T the job accident to a supervisor or member of the chain -of- command. Failure to report to the Department a Neglect of Duty L W S T subpoena or request for information from a law firm that relates to Augusta, Georgia business. Possession or sale of alcohol or illicit Neglect of Duty T drugs on Augusta, Georgia property (including vehicles). Working under the influence of Neglect of Duty T alcohol or illicit drugs. All Rights Reserved 75 Page E x e x„. 4 , 4.0.` 4 61 1 x . Violation of traffic laws while Neglect of Duty L W S T operating Augusta, Georgia vehicle, i.e. speeding, running traffic control device, failure to yield, etc. Motor Vehicle Record review with 10 Neglect of Duty T points or more — impact on driving privileges Fraud, waste, and/or abuse of Ethics Violation W /S /T S/T T Augusta, Georgia property or time. Falsification or misrepresentation of Ethics Violation W /S /T S/T T an official document or record. Falsification or misrepresentation of Ethics Violation W /S /T S/T T any portion of a job application. Violation of Augusta, Georgia Ethics Violation W S T policies relating to impartiality, use of public property, conflict of interest, disclosure or confidentiality. Conviction of a felony, a Ethics Violation S/T T misdemeanor conviction involving moral turpitude, or any misdemeanor while in the performance of Augusta, Georgia duties. Unauthorized possession of firearms, Ethics Violation W /S /T S/T T explosives, or weapons on Augusta property. Unauthorized vending or solicitation Ethics Violation L W S T on property or from Augusta, Georgia vehicle. Attempting to coerce or influence a Ethics Violation S T member of the public, fellow employees, subordinates or supervisor with gifts, services, loans or other consideration OR receipt of a fee, gift, or valuable item when such is given or accepted in the expectation of receiving a favor or preferential treatment. All Rights Reserved 76 J P a b I. � � 7 bitraelitga Directing or permitting a subordinate Ethics Violation W/S S/T T to violate any rule, policy or regulation, whether explicit or condoned through inaction. Engaging in any employment, activity Ethics Violation S/T T or enterprise which is illegal, incompatible, or in technical conflict with the employee's duties and responsibilities as Augusta, Georgia employee. Engaged in outside employment Ethics Violation T activity while using sick leave, worker's compensation leave, or catastrophic leave. Intentional destruction, theft or Ethics Violation W /S /T S/T T unauthorized removal of Augusta, Georgia property or assets for personal use. Intentional destruction, theft Ethics Violation W /S /T S/T T (including stealing time) or unauthorized removal, possession or use of Augusta, Georgia property, tools or equipment without consent. Violation of Augusta, Georgia's Ethics Violation W /S /T S/T T discrimination and /or unlawful harassment policies. Gross misconduct to include, but not Ethics Violation S/T limited to, physical violence, threats of physical violence or engaging in offensive conduct or language toward the public, supervisory personnel, or fellow employees. Membership in any organization that Ethics Violation T advocates the overthrow of the Government of the United States by force or violence. Misconduct which undermines Ethics Violation W S T supervisory authority, productivity, or morale. All Rights Reserved 77 L Page t V � . Off duty conduct (e.g. conviction of a Ethics Violation W /S /T S/T T felony) which reflects very unfavorably upon the image and ethical standards of Augusta, Georgia as an employer. Violation of Augusta, Georgia Work Ethics W S T Internet Use Policies (e.g. social Violation media, pornographic sites, etc.) Violation of Augusta, Georgia Email Work Ethics W S T Policies (e.g. Passing on inappropriate Violation chain emails an d non -work related content, etc.) and /or excessive personal email /web time. Unauthorized use of Augusta, Work Ethics W S T Georgia vehicles or equipment on or Violation off -duty. All Rights Reserved 78 P d ge CHAPTER IV. CAREER LADDERS, LATTICES, AND JOB TITLING POLICY Introduction Career ladders and lattices consist of related jobs that comprise a career. They often include a representation of job progression in a career as well as detailed description of the jobs and the experiences that facilitate movement between jobs. Career ladders display only vertical movement between jobs. The Classification & Compensation Administration and Management unit shall utilize the approved U.S. Department of Labor's Competency Model "Clearinghouse" tool as a guide for the development of Career Ladders for the entire organization. The tool is designed to be used in conjunction with the Building Blocks for Competency Models. When utilized, it will help Augusta, Georgia employees visualize and learn about the job options that are available as they progress through a career. Career ladders and lattices shall be in line with our job titling system or policy. For example - a new job titling system shall group non - represented jobs into related and logical progressions. Jobs shall be organized by field, which is a broad occupational grouping. (Information Technology for example, would be a job field). Within each field is a group of job families, which are more specific, such as the Database Administration family. Within each family are categories of jobs, which describe the nature of work performed, such as Professional or Supervisory & Managerial. Lastly, within each category there are different levels of jobs. For example, for professionals within the Database Administration family, there is a Database Administrator I, II, III, IV and V. Not all families have every category or level — only those that are required to represent current jobs. Also, the intent is that all employees who perform the same type of work at the same level of expertise will be assigned the same organization -wide job code, pay grade, FLSA classification, job description (with same educational requirements, work - related experience requirements including, but not limited to, formal training, on the job training, years of experience, licensure requirements, and skills to develop or tasks to perform that will prepare an individual for a new position. Augusta, Georgia's Career Ladder is a planned progression to a new job and provides another way for employees to advance in their Augusta, Georgia careers. Since the employee and the manager negotiate the advancement to the next higher level position, there does not have to be a position vacancy. Career Ladder progression is a two -fold process. The department must need the higher level position, and the employee must be both interested in the higher level job as well as demonstrate the potential to attain the skills needed to perform it successfully. Section 400.001- Who is Eligible? You are eligible if you are a regular full or part-time employee who is not on probation. The overall rating on your most recent performance review must reflect overall performance that "Meets Expectations" or better. During a Career Ladder, you must maintain your performance at this level. If your job is classified as a manager or higher, you are not eligible for a Career Ladder. All other job titles, however, are eligible for either a pre- approved or individual Career Ladder. All Rights Reserved 79 1 P a g e Section 400.002 - What Positions are Eligible? The primary criterion for advancement through a Career Ladder is whether or not your department needs someone to perform the more complex duties and responsibilities stated in the job description for the higher classification. The positions that lend themselves most readily to a Career Ladder are those already assigned a regular progression, i.e., jobs with levels such as I, II, and III. However, individual Career Ladders can be developed for most jobs. A sample of the administrative support career ladder is provided at the end of this section of the Guide. Section 400.003 - Why Participate in Career Ladders? Employees • You can learn new skills and duties at your own pace while performing your current duties. • You can advance in your current position without competition. • You can demonstrate initiative and a willingness to consider department and Augusta, Georgia goals. • You can assume more responsibility and advance your career without moving to a different department. Managers • You retain valued employees who are motivated to advance their careers. • You can attract high quality employees. • You maintain a work force of well - trained employees who have high morale. • You provide more high quality services to your customers. Section 400.004 - How to Initiate a Career Ladder Progression There are two types of Career Ladders - Pre - Approved and Individual. The Pre - Approved Career Ladders shall be developed in conjunction with the respective Department Directors by the Human Resources Classification & Compensation Administration and Management unit, and made available on the Classification & Compensation Administration & Management's link on the HR Website. The Individual Career Ladder is used for progressions where no pre- approved ladder exists and for unique progressions. For example, an Individual Career Ladder might be used for an employee who is an Administrative Assistant I and wishes to progress to an Accounting Tech position. After the employee and the employee's manager have agreed that a Career Ladder is appropriate, the process is initiated by the manager. A completed Pre- Approved or Individual Career Ladder form, containing the education, experience, distinguishing characteristics, and job responsibilities required for progression to the higher classification is required. The employee and manager must complete and sign this form. It includes a proposed time -line for completing the acquisition of the necessary skills or knowledge and the proposed salary increase. The salary increase will be based on the employee's additional qualifications using the same criteria that would be used if the next level position had been All Rights Reserved 801 P a g e filled through recruitment. Pre - approved Career Ladders are developed by Human Resources Classification & Compensation Administration unit while Individual Career Ladders are developed by managers within departments with the approval of the Human Resources Director. Section 400.005 - Pre - Approved Career Ladders For a Pre - Approved Career Ladder, the distinguishing characteristics of the proposed higher level classification must be analyzed, and the progression between the existing and the proposed classifications must be approved in advance. Pre - approved progressions exist within particular Job Families and are typically positions that have been set up in levels such as I, II, and III or "regular" and "senior ". A list of the pre - approved career ladders is on the Classification & Compensation Administration and Management link on the HR Website. Although a Career Ladder plan may be pre- approved, there are also eligibility requirements pertaining to specific Pre - Approved Career Ladders, all of which must be met before the plan is approved. These requirements are detailed on the Manager's Eligibility Checklist and the Pre - Approved Career Ladder forms found at the end of this section. Section 400.006 - Individual Career Ladders For a Career Ladder move between positions that has not been pre- approved by HR, the employee's manager must analyze the progression and the distinguishing characteristics of both the current and proposed higher classification and input them into a blank Individual Career Ladder form. This form is to then be submitted to Human Resources for approval. In addition, the eligibility requirements listed on the Manager's Eligibility Checklist must be met. The length of time needed to complete each plan depends on: • The time it takes the employee to attain the qualifications, knowledge, skills and abilities required by the higher level classification. All distinguishing characteristics must be attained before the ladder can be completed. • The time it takes for the employee to demonstrate effectiveness in the higher level classification. • The time it takes the department to develop the need for the responsibilities of the higher level classification. Generally, a Career Ladder can be expected to take at least six (6) months to complete. Getting started First, employees need to meet with their manager to discuss their interest in a Career Ladder. Employee to Working with their Manager • Employee is to discuss his or her plans and goals with their manager and should make a recommendation regarding which Career Ladder approached is appropriate for the employee and the department. There must be an organizational need for the duties of the higher level classification. Additional Career Ladder planning can be obtained by consulting "Eligibility All Rights Reserved 811P a g e Criteria for Career Ladders Progression" chart, at the end of this section as well as the HR Website. • For a Career Ladder progression that is not pre- approved, employees and managers can obtain an Individual Career Ladder form from Human Resources. Employees and managers can develop and provide the distinguishing characteristics necessary for the higher level classification. *For Managers • Discuss employee's proposed Career Ladder plan in light of departmental plans and goals. • Complete the Manager's Eligibility Checklist (Form 1) at the end of this section. • If the employee is eligible for a Career Ladder, and is interested in progressing to a position on the eligible list, complete the Pre - Approved Career Ladder form and submit it to Human Resources. • If there is not a Pre - Approved Career Ladder available, consider using the Individual Career Ladder option. Estimating pay rate upon completion. Section 400.007 - Estimating pay rate upon completion • The salary increase is given when the Career Ladder is completed. • Consider that the employee's base pay must be at least the minimum of the range of the higher level classification. • The guidelines for salary increases found in the policy manual under Classification & Compensation Administration and Management unit apply to employees promoted through a Career Ladder. • Employee pay rate increases should be reviewed based on qualifications that are related to duties and skills of the new position. • A reasonable promotional increase is ten percent (10 %). • Salary increases should be considered in the context of other employees in similar positions in the department. Section 400.008 - Supporting Documents to Start a Career Ladder • Manager's Eligibility Checklist • Pre - Approved Career Ladder Forms OR Individual Career Ladder Form • Department organizational chart — (both approved current org. chart and proposed org. chart). • The employee's most recent performance review, reflecting "Meets Expectations" or above on the overall rating. Section 400.009 — The Process to Complete a Career Ladder Review Request The following information is to be provided to Human Resources: • A Completion of Career Ladder form signed by the Department Director or appropriate management personnel. • A copy of any certificates, licenses, transcripts, degrees, etc. that have resulted from a Career Ladder. • Personnel Action Notice reflecting the appropriate changes. All Rights Reserved 82 1 P a g e *Note to Managers As a position within your department becomes vacant, you are encouraged to evaluate the current level of classification for the vacancy. You may consider using the opportunity of the vacancy to revert the vacancy classification back to its original level, in order to provide growth planning for a new employee filling this vacancy, and to generate additional funding to the department, perhaps for meeting new Career Ladder plan. Section 400.010 — Compensation for Degrees, Licenses, and Certifications (All degrees, licenses, certifications, etc., eligibility must be approved by the Department Director and the HR Director prior to the employee beginning the degree, licenses, certifications, etc., for any reimbursement to be authorized forpayment. Authorization for payment is subject to funds availability.) A. Degrees - Incentives for degrees from Augusta, Georgia's approved accredited institutions of higher learning are as follows - 1. Associate Degree - $1,500 2. Bachelor's Degree - $3,000 3. Master's Degree - $4,500 4. Doctorate Degree - $6,000 Degrees must be related to an employee specific job description/duty, and must be approved by the employee's Supervisor, Assistant Director(s), and Department Director. Degrees will have to be earned during employment with Augusta, Georgia on or after January 1, 2011. Special and /or rare situations will be determined by the employee's Department Director with approval of the HR Director. Employees will receive fifty (50 %) percent of the incentive upon completion of the degree and fifty (50 %) percent of the incentive on the one year anniversary of the completion of the degree so long as the employee remains employed by Augusta, Georgia. LIMITATION - Not more than $6,000 is to be paid to an employee within a three (3) year period for earning degrees. B. Licenses - One -time payments for each professional license will be $2,000. Licenses must be directly related to an employee's specific job description/duty, and must be approved by the employee's Supervisor, Assistant Director(s), Department Director, and the HR Director. Prior professional licenses before employment with Augusta, Georgia will not be - License must be obtained while employed acceptable for the one-time payment. Lice se with p y p pym Augusta, Georgia. LIMITATION - Not more than $4,000 is to be paid to an employee within a two (2) year period for obtaining licenses. All Rights Reserved 83 1 P a g c C. Master or Special Certificate in applicable professions - One -time payments for each Master or Special Certificates will be $2,000. Master or Special Certificate (Professional) must be directly related to an employee specific job description/duty, and must be approved by the employee's Supervisor, Assistant Director, and Department Director and the HR Director. Prior professional Master or Special Certificates before employment with Augusta, Georgia will not be acceptable for a payment. Master or Special Certificates must be obtained while employed with Augusta, Georgia. LIMITATION - Not more than $4,000 is to be paid to an employee within a two (2) year period for obtaining Master or Special Certificates. D. Professional Designation Certifications - One -time payments for each Professional Designation Certifications will be $2,000 added to the employee's current salary. Certifications must be directly related to an employee's specific job description/duty, and must be approved by the employee's Supervisor, Assistant Director(s), Department Director and the HR Director. Prior Professional Designation Certifications before January 1, 2011 with Augusta, Georgia will not be acceptable for a pay increase. Certifications are considered proof of a level of knowledge to pass the certification test prior to being allowed to take any certification examination. For this reason, the Augusta, Georgia will pay for fee and travel expenses to cover one attempt at each certification. All subsequent attempts will be at the employee's own expense. Applied aspect of knowledge demonstrated through a certification is critical. It is expected that the certification will enhance an employee work efficiency and technical know -how. Therefore, the employee has to demonstrate improvement in his or her work productivity and work quality. LIMITATION - Not more than $4,000 is to be paid to an employee within a two (2) year period for obtaining Professional Designation Certifications. All Rights Reserved 84 1 P a g c All Rights Reserved 85 1Page INDIVIDUAL CAREER LADDER FORM Current Proposed Job Title Job Title Form 2A - To be Completed by Employee and Manager when entering a Career Ladder Submit Original to Human Resources - Compensation for Approval Employee Name Department Department Code - Name - Current Job Current Pay Rate - Title /Grade - Length of Time in Estimated Date of Current Title - Completion - Does Employee meet all Requirements of Estimated Pay Rate after Current Job? (Yes/No) Completion - (Please refer to Job Descriptions for complete information on position) Job Titl Job Tile Action Plan Proposed Job Coe Grade Job Code G ad (How employee will meet Completion e additio nal requirements) Date Additional Requirements for this Position Performance - Employee's performance must "meet expectations" or better. Min. Education - throughout this career ladder progression. Min. Experience - Licenses /Certifications - AUGUSTA, GEORGIA Required Training - Knowledge, skills and abilities Knowledge, skills and abilities, as as stated in the job description stated in the job description for this for this position must be position, have been attained. achieved by the completion of this progression. Distinguishing Characteristics - a . If more space is required, or if more distinguishing characteristics exist, please attach additional sheets. All Rights Reserved 861 P a g e Form 2A - Continued b. c. d. e. f. Other - (Department Specific) REVIEW /APPROVALS Employee (Print Name) Date Department Director Date Compensation Administration Staff Date HR Director Date All Rights Reserved 87 1P a g e MANAGER'S ELIGIBILITY CHECKLIST (Form 1A) (Pre- Approved or Individual Career Ladder) Please review prior to establishing progression to ensure eligibility of position/employee. If you are unsure of eligibility, please contact Human Resources - Compensation before forming progression with employee. Employee Name Department Department Code - Name - Current Job Current Pay Rate - Title/Grade - Length of Time in Estimated Date of Current Title - Completion - Does Employee meet all Requirements of Estimated Pay Rate after Current Job? (Yes/No) Completion - (Please refer to Job Descriptions for complete information on position) Please answer Yes or No to the questions below. 1. Is employee past the AUGUSTA, GEORGIA probationary period? Yes ❑ No ❑ 2. Is employee free of current written warning/disciplinary action, and does the last annual performance review show an overall rating of "Meets Expectations" or higher? Yes ❑ No ❑ 3. Does department have funding for proposed increase upon completion of progression? Yes ❑ No ❑ 4. Does the department structure allow for this position? Yes ❑ No ❑ (Ex - There is already one supervisor in the department, and structure does not allow for two) 5. Can the department support the new level of duties required of this position? Yes ❑ No ❑ (Ex. - Are these additional duties required by the department, or are the duties being moved from another incumbent to this one? If the duties are being moved, is the other incumbent's position jeopardized ?) 6. Has this department been free of layoffs in similar classifications for the past 12 months? Yes ❑ No ❑ 7. Is this either the 1st or 2nd Career Ladder progression for this employee at AUGUSTA, GEORGIA? Yes ❑ No ❑ 8. Has at least 12 months elapsed since employee's last career ladder progression? Yes ❑ No ❑ If all questions have been answered "Yes," please proceed with Form 2A for Individual Career Ladder with your employee. Please attach a current department organization chart with this form. If any answer is "No," employee and /or position is not eligible at this time. Please pursue alternative Career Development programs. REVIEW /APPROVALS Employee (Print Name) Date Department Director Date Compensation Administration Staff Date HR Director Date All Rights Reserved 881 P a g e CHAPTER V. COMPENSATION A. GENERAL Authority of the Administrator — The Administrator shall have the authority to approve all classifications, reclassifications, reorganizations, pay adjustments up to fifteen percent (15 %) of base pay and final decision authority of classification appeals. Section 500.001 Compensation Philosophy Augusta, Georgia is committed to a results - oriented government that provides efficient and accountable government services. Our goal is to attract, retain and motivate committed, hard- working, creative and thoughtful employees who support our mission to meet and exceed the expectations of our community, not only in service delivery but in building a better place for all of us to live and work. The main focus of the compensation philosophy is to increase productivity, maximize efficiency and improve overall service level for Augusta, Georgia citizens. For our employees, that means we are committed to: ➢ Providing opportunities for our employees to grow and develop their skills, knowledge, and their careers. ➢ Ensuring individual accountability for performance and results. ➢ Communicating openly with our employees about our organization/mission, our successes and our failures, and opportunities for us to do things better. ➢ Providing a competitive total compensation package. The total compensation program at Augusta, Georgia is designed to assist us in creating and supporting a high - performance, responsive and competitive organization. The total compensation program is made up of salary /wages and benefits. In order to accomplish these goals and to ensure that the compensation program is consistent with its direction, stated mission, and goals, Augusta, Georgia government commits to the pay philosophy statements as follows: Augusta, Georgia's total compensation philosophy is to provide pay and benefits sufficient to attract and retain the qualified and skilled employees to accomplish Augusta, Georgia's strategic plan: 1. Position total compensation (pay and benefits) to be aimed at midpoint of the market; 2. There are conditions where exceptions may be necessary, in situations such as - ➢ Recruiting the desired level of talent in certain jobs is a sustained problem and results in negative impacts to the organization; ➢ Retention issues, including succession and turnover; ➢ Significant changes in the economy or marketplace; and ➢ Internal anomalies in alignment, disparities or inconsistencies. All Rights Reserved 89 I P a g e Pay programs are intended to be competitive at a minimum with the average pay of benchmark organizations in the primary labor market. The primary labor market is currently defined as those counties or city governments that are of comparable size in terms of revenue, number of full time employees, etc. in the southern part of the U.S where Augusta, Georgia competes for talent acquisition. A list of such comparable organizations in the labor market shall be maintained in Human Resources. a. As deemed necessary, the Human Resources Director may recommend that other comparators should be used where information from the primary labor market is considered insufficient to attract and retain specific positions or classes. b. Augusta, Georgia shall adopt a pay for performance policy. The pay for performance policy is designed to recognize job performance and requires annual approval by Augusta, Georgia's Board of Commissioners. The decision to provide employees a performance increase is contingent upon an overall performance appraisal rating and availability of funds. c. Nothing in this compensation philosophy statement should be construed as a required benefit in the event that Augusta, Georgia experiences a decline in revenue or a revenue growth lower than the projected increase in expenses. d. As part of Augusta, Georgia's Compensation strategy, the salaries of representative benchmark classes for all occupational groups shall be compared to the minimum and maximum salaries, with a focus on the mid - point, of the benchmark jurisdictions. e. The benchmark matches are also reviewed and validated annually by the participating jurisdictions. This will allow the Compensation Administration team to capture on -going evolutionary changes occurring within these occupations and provide a meaningful basis to make market rate comparisons. f. The remaining job classifications that were not selected as a benchmark job shall be "linked" to one of the selected benchmark classes. This process will allow HR to affect both the benchmark class and any classes "linked" to a benchmark class when survey results indicate a pay adjustment is necessary. g. In determining the appropriate linkages, input will be obtained from Department Directors within the organization. The list of benchmark classes and linked classes shall be reviewed and updated as new classes are established or abolished in order to maintain accurate and timely data. h. When determining Augusta, Georgia's market competitiveness, a market ratio (comp -a- ratio) shall be utilized. Augusta, Georgia's relationship to the market is shown as the market ratio that falls below or rises above 100 %. Job classes with a market ratio of less than 90% are considered to be below the market. If an adjustment is authorized based upon the survey results, the grade for the benchmark class(es) plus the linked class(es) would be adjusted to minimally place the class(es) within the acceptable threshold of ninety to one hundred and ten percent (90- 110 %). i. In all instances, for benchmark jobs, information for an assessment of pay competitiveness will be ascertained through reliably current published compensation survey data. All Rights Reserved 90 1 P a b e j. Every two (2) years, the Human Resources Director will conduct a market study of benchmark positions to determine the competitive posture of the organization, and propose a plan of action, if needed, to bring any positions or classes into competitive alignment. At any time the Human Resources Director determines that one or more particular classes need to be reviewed more frequently than once every two (2) years, necessary action may be taken to assess the market position of such classes without consulting the Commission. The Administrator's approval is required to conduct such classes' market study. B. COMPENSATION ADMINISTRATION Section 500.101 Authority of the Administrator The Administrator shall have the authority to approve all classifications, reclassifications, reorganizations, pay adjustments up to fifteen percent (15 %) of base pay and final decision authority of classification appeals. Section 500.102 Overview of Compensation Administration Program The development and maintenance of Augusta, Georgia's Compensation Policy is the responsibility of the Human Resources Department. Each Department's Director and the Administrator are responsible for the implementation of and adherence to all compensation program policies at each level of a department. The compensation administration program is the formal system for classifying positions and compensating employees of Augusta, Georgia. It is divided into two (2) distinct plans: 1. The compensation plan, which provides a salary structure, and the components of the compensation plan. Each component will be discussed in detail in this Policy. 2. The classification plan, which is the categorization of job positions, duties and qualifications. Section 500.103 The Compensation Plan The Compensation Plan is designed as a fair and equitable method of payment to employees of the organization. The Plan establishes a basic salary schedule, as recommended by the Administrator and approved by the Augusta, Georgia Board of Commissioners. The salary structure includes the minimum, midpoint and maximum rates of pay for all classes of positions included in the Classification Plan. In addition to the basic salary schedule, the Compensation Plan consists of components, including, but not limited to, market adjustments, pay for performance, and exceptional circumstance adjustments. The rate of pay set forth in this Plan does not include allowance for actual travel expense authorized and incurred as incidental to employment or overtime. Section 500.104 Components of the Compensation Plan The compensation for each employee is the product of the salary structure and the components of the compensation plan that shall be used to adjust employee compensation. Each component of the compensation plan is subject to funding approval on an annual basis by Augusta, Georgia Board of Commissioners as part of the budget. These components are discussed in detail in the following sections. All Rights Reserved 911 P a g e Section 500.105 Market Adjustments The market adjustment is the component that is used to ensure that the salary structures are adjusted to reflect changes based on economic indicators. When applicable and when funds are available and approved by Augusta, Georgia Board of Commissioners, an increase may be applied to the salaries of all eligible employees, with the exception of those salaries set by state or local legislation. When an employee's salary exceeds the maximum of the assigned pay grade, the employee's base salary will be red - circled until the current salary falls within the assigned pay grade. Section 500.106 Exceptional Circumstances Adjustments When it is asserted, by a Department Director or Elected Official other than Commissioners, that an employee's salary requires adjustment, the Department Director or Elected Official shall provide justification to adjust employee's base salary due to one of the following situations: 1. Pay adjustments as determined by the HR Director to the Administrator. 2. Pay inconsistency as determined by the HR Director to the Administrator. 3. Employee retention purposes to the Administrator. If approved, recruiting department is responsible for the budget if money is not in the budget, the Department Director shall include item in the next fiscal year budget. Exceptional circumstances adjustment requests, together with the required documentation, must be submitted to the Human Resources Director. The Human Resources Director shall review a request for an exceptional circumstances adjustment for compliance with this policy, before forwarding the request along with his or her recommendation to the Administrator. Section 500.107 Effective Date of Salary Adjustments The effective date of any salary adjustment shall be determined by the Department Director or Elected Official, in consultation with the Human Resources Director or designee and typically should be at the beginning of a pay period. If funding is not available upon approval, the Department Director shall put the approval amount into the budget for the following fiscal year budget. Section 500.108 Starting Rates for New Employees In most cases, a new employee shall be paid the minimum rate of the pay grade. Exceptions may be approved by the Department Director /Elected Official, the Human Resources Director and/or the Administrator, as set forth below. For all employees, approval authority is delegated to Department Directors /Elected Officials for starting salaries that fall no more than ten percent (10 %) of the minimum pay on appropriate salary range. Starting salaries that fall more than ten percent (10 %) but less than fifteen percent (15 %) of the established minimum annual salary shall require approval by the Human Resources Director and the Administrator. Any salary offer that is over fifteen percent (15 %) requires Commission approval. All Rights Reserved 92 I P a g e The following are examples of cases in which an exception might be approved as specified in the above guidelines - 1. If a selected candidate's qualifications exceed the minimum qualifications stated in the job posting and they will not accept appointment at the minimum rate of the class, the candidate may be appointed at a higher rate. These cases should be thoroughly analyzed and measured against objective qualification standards and reviewed and compared with the salaries of current employees in the class by the Human Resources Compensation Administration unit. 2. Difficulty in recruitment may justify a higher rate. If difficulty in recruitment at the minimum rate in the salary range persists, the HR Director and Administrator shall be consulted and approval given first before assigning a higher hiring rate within the pay grade as long as the salary offer is within ten percent (10 %) of the minimum established salary range. Appropriations for funding positions above the minimum rate must be secured within the framework of the budget of the department employing the individual. Any recommendation exceeding ten percent (10 %) will be forwarded to the Administrator. The Human Resources Director should be consulted by Department Directors prior to making any salary offers or pay decisions. Department Directors and Supervisors will be held accountable if they create internal inequity in their department. If market conditions or unusual circumstances dictate a starting salary that is above ten percent (10 %) of the job's minimum salary range, Department Directors shall submit to the Human Resources Director, a written request along with justification to that effect. The Administrator may approve or reject the request. Such circumstances (e.g., tight labor market, education and /or experience levels which are significantly above minimal job requirements) should be documented and verified by the Compensation Administration unit. Section 500.109 Employee Communication and Rights Employees should receive written notification of any increase to their base pay. Supervisors should not communicate any increase or promise to increase employee compensation unless they receive a written notice from the Human Resources Director to do so. Employees who have issues or concerns with their compensation (for other than EEO reasons) should follow the procedures in Section 500.316 herein. Section 500.110 Annual Salary Schedule Determinations The salary schedule should be reviewed on an annual basis in line with that of World at Work (www.worldatwork.org) Compensation Organization, using the first (1 Quarter of the Fiscal Year's CPI Index (Bureau of Labor Statistics)(www.bls.gov /cpi/ #tables), and /or comparable survey data. For example, if World at Work Compensation Organization data indicates an average of three percent salary structure adjustment, all Augusta, Georgia salary ranges should be adjusted by approximately three percent (3 %). Note - this is a salary schedule adjustment —not an individual salary adjustment. The HR Director shall submit a recommendation by July 1 of each year, a CPI adjustment review and approve for next year's budget inclusion. Employees' annual increases shall be independent of the salary schedule adjustment. All Rights Reserved 93 ( P a g e Section 500.111 Annual Base Salary Adjustments The maximum possible salary increase applicable to new employees (i.e., those hired during the current fiscal year) shall be the same as that of other employees. All new employees must be on the roll in order to be eligible for annual base salary adjustment. Section 500.112 Part -time Continuing Employment Part-time regular employees are assigned to appropriate classifications by the Human Resources Director. The same principles which apply to starting rates of pay for full -time regular employees shall be used to determine salaries of part-time employees. These employees shall be evaluated in accordance with the Performance Appraisal System described in Human Resources Management Policies. Section 500.113 Rehired Employees Rehired employees include those individuals who were previously employed by Augusta, Georgia, Richmond County or the City of Augusta and terminated their employment (former employee) or retired (retiree) and are now seeking re- employment. Augusta, Georgia shall in all cases retain the sole discretion for rehiring an individual and neither retirees nor former employees have any additional or special rights by virtue of this policy. Section 500.114 Former Employees For the purposes of determining leave accrual, service awards, and any other program based upon length of service as eligibility criteria, a re -hired employee who previously terminated their employment (for any reason other than retirement) within one year of termination, shall receive prior service credit for their previous full -time tenure with either Richmond County, the City of Augusta or Augusta, Georgia and given an adjusted hire date to be calculated by the Human Resources Department. Section 500.115 Retirees of Augusta, Georgia Statement of Policy Augusta, Georgia recognizes the valuable service provided by long - tenured employees and provides a retirement program for employees who have reached the end of their Augusta, Georgia career. As such, it is Augusta, Georgia's policy that employees who have achieved retirement status will not be reemployed in a regular or full -time status. A retired employee may be hired back into a temporary part-time position only. If the former employee has received a retirement incentive upon retirement, they are not eligible to be rehired for twenty -four (24) months after their retirement date. Section 500.116 Service Credit and Benefits The retiree status will govern health plan participation and the rehired retiree will continue to receive only those health benefits available to full -time retirees. Upon rehire, a retiree who desires Augusta, Georgia health plan benefits must remain in the retiree plan and pay the prevailing retiree health plan contribution rates. Rehired retirees will not earn additional Defined Benefit pension service credits by virtue of reemployment tenure. Except for health plan participation and Defined Benefit pension credits, rehired retirees will receive all benefits (compensated absences, etc.) as would other employees in a part-time position. All Rights Reserved 94 1 P a g e Section 500.117 Employee Lateral Transfers An employee may transfer to another department or office after six (6) months in current position and in the same classification and such transfer shall not change the employee's pay rate or the date for consideration for a pay for performance increase. Section 500.118 Temporary Work at a Higher Classification/Provisional Employee An employee may be required to work in a higher classification on a temporary, incidental, or emergency basis and may do so for a period of thirty (30) days or less at no increase in pay. If the employee is required to perform the duties for a period exceeding thirty (30) days, the employee shall be given a temporary appointment to a higher position and be paid the appropriate rate for the higher classification. At the conclusion of the appointment, the employee's pay shall revert to the authorized rate established for the regular position. Any such temporary increase granted shall not affect the employee's eligibility for normal pay for performance increases. Temporary appointments may not exceed six (6) months without written approval for extension by the Human Resources Director and the Administrator. The Human Resources Director and the Administrator, at the request of the department or office, may authorize one (1) additional six (6) months extension. After the additional six (6) month extension, no further extension shall be approved for the position unless approved by the Commission. Section 500.119 Promotional Increase Policy When an employee included in a structured pay plan is promoted, the employee's salary will increase to up to ten percent (10 %) above the minimum of the new grade or increase up to fifteen percent (15 %) above the employee's current salary, whichever is less. Section 500.120 Reclassification Promotions If a reclassification results in an employee occupying a position of higher class and pay, the employee shall be promoted to the higher class. In cases where promotion occurs as a result of a reclassification, the employee's salary will increase at least to the minimum salary of the new pay grade. If an employee is reclassified one (1) grade higher, the increase will be at least the minimum salary of the new pay grade or up to five percent (5 %) more than the previous salary. If the reclassification results in two (2) or three (3) grade increases, the employee shall receive at least the minimum salary of the higher class or up to ten percent (10 %) more than the previous salary. If the reclassification is four (4) or more grades higher, the employee shall receive at least the minimum salary of the new pay grade or up to fifteen percent (15 %) more than the previous salary. When an employee included in a structured pay plan is reclassified, the employee's salary will increase at least to the minimum salary of the new grade. Section 500.121 Procedures for Determining Promotional Increase 1. The Department Director or Elected Official will decide the amount of the promotional increase within the standards stated in this policy. Promotional increases are not to exceed the maximum of the range. If an employee is promoted and their salary is over the maximum of the range, the employee's salary will remain red - circled until their salary falls back within the range. Employees that do not receive a promotional increase because they are over the maximum of their new pay grade shall receive the promotional increase as a lump sum, one -time payment only. All Rights Reserved 951 P a g e 2. Final approval for all promotional increases must be made by the Human Resources Director. In the event that a Department Director /Elected Official and the Human Resources Director do not agree on a promotional increase, the Department Director /Elected Official may appeal the matter to the Administrator for final disposition. The decision regarding a promotional increase shall reflect the promoted employee's experience and qualifications in comparison with other employees' backgrounds in the same job. If the Department Director or Elected Official deems that the promotional guidelines as aforementioned do not fulfill this requirement, the Director or Elected Official may request a promotional adjustment through the Human Resources Director but not more than ten percent (10 %) for the employee. Final approval must be made by the Human Resources Director. Section 500.122 Disciplinary or Involuntary Demotions The Department Director or Elected Official shall furnish a written letter of intent to demote to the employee detailing the reason(s) for the action, the pay adjustment and a notification of the right to appeal as applicable. The rate of pay for an employee that is demoted for disciplinary reasons shall be reduced up to ten percent (10 %) for up to three (3) grades demotion, or to the rate applicable to the new position as determined by the Department Director or Elected Official and approved by the Human Resources Director. A demotion of four (4) grades or more shall result in a reduction in salary up to fifteen percent (15 %). In situations where the guidelines for reduction in pay do not bring the employee's salary within the grade range for the position that the employee is demoted to, the salary shall be adjusted to the maximum pay of the pay grade. Exceptions to this policy require written justification from the requesting department and approval by the Human Resources Director. Section 500.123 Reclassification Demotions If a reclassification results in an employee occupying a position of lower class and pay, the employee shall be demoted to the lower class. In cases where demotion occurs as a result of a reclassification, the employee shall be allowed to continue at his or her current rate of pay, even though it exceeds the maximum of the salary range in the lower class. However, the employee's pay rate shall be "red circled ", thereby, disallowing any future salary increase until such time as - (1) the employee transfers into a job class for which the maximum salary is higher than the employee's current salary, or (2) the maximum salary for the employee's current class increases to a rate that exceeds the employee's salary. Section 500.124 Voluntary Demotion An employee may be demoted at their own written request to a vacant position in a lower class, subject to the approval of the Department Director or Elected Official and the Human Resources Director. The Department of Human Resources shall determine whether the employee meets the minimum qualifications of the lower class of position. When an employee is demoted to a minimum of five percent (5 %) pay cut in the new position, the employee shall be paid at a rate which is within the approved range for the lower position. The rate of pay for an employee not included in a structured pay plan who is voluntarily demoted shall have their rate of pay reduced up to ten percent (10 %) for up to three (3) grades demotion, or to the rate All Rights Reserved 961 P a g e applicable to the new position as determined by the Department Director or Elected Official and approved by the Human Resources Director. A demotion of four (4) grades or more shall result in a reduction in salary up to fifteen percent (15 %). The rate of pay for an employee in a structured pay plan who voluntarily demotes shall have their rate of pay reduced to the salary of the respective within the new grade. Employees who voluntarily demote outside of a structured pay plan shall have their rate of pay reduced up to five percent (5 %) for one (1) grade and up to ten percent (10 %) for a two (2) or three (3) grade demotion, or to the rate applicable to the new position as determined by the Department Director or Elected Official and approved by the Human Resources Director. A demotion of four (4) grades or more shall result in a reduction in salary up to fifteen percent (15 %). In situations where the guidelines for reduction in pay do not bring the employee's salary within the grade range for the position that the employee is demoted to, the salary shall be adjusted to the maximum pay of the pay grade. Exceptions to this policy require written justification from the requesting department and approval by the Human Resources Director. Section 500.125 Involuntary Demotion Based on Conduct Violations An involuntary demotion may also occur based on poor or unacceptable conduct. With this type of demotion, a Performance Improvement plan is not necessary or required. Section 500.126 Overtime Policy All employees may be required to work overtime upon the request of the immediate supervisor, Department Director or Elected Official. It is the policy of Augusta, Georgia to comply with the federal Fair Labor Standards Act (FLSA) with regard to overtime policy for non - exempt employees. Section 500.127 Overtime Policy for Full -time Non - exempt Employees Upon authorization for overtime work, Supervisor shall clearly communicate to non - exempt employees the method of compensation (compensatory time or overtime pay) prior to working the overtime. Compensatory time shall be mutually agreed to by supervision and affected employee(s) prior to working the overtime. The base workweek or work cycle shall only include actual hours worked. Annual Leave, Sick Leave, Workers' Compensation Time, holidays and other leave will not count toward the hours worked in the work cycle for overtime purposes. Section 500.128 FLSA Section 207(k) Public Safety Employees Employees engaged in fire protection and law enforcement activities, including correctional officers, on behalf of a public sector employer are subject to liberalized overtime standards under section (7)K of the FLSA. Certain cross - trained emergency medical service personnel often qualify as well. Fire protection employees are eligible for overtime based upon a declared work period which may range from not less than seven (7) days nor more than twenty -eight (28) consecutive days and two hundred and twelve (212) hours. The overtime standard ranges from 53 to 212 hours depending upon the length of the work period. The work period rather than the shift cycle, determines when overtime must be paid. For law All Rights Reserved 97 H P a g e enforcement personnel and correctional officers, the standard for a seven (7) to twenty -eight (28) day work period ranges from forty -three (43) to one hundred and seventy -one (171) hours. The Human Resources Department shall determine which protective service occupations may work under the work cycle system. Non - exempt Public Safety employees, working on a work cycle will receive time and one - half (1 -1/2) for those hours that exceed the maximum for the work cycle. Each Department Director or Elected Official shall determine the average scheduled number of hours worked in a year. The hourly rate is calculated by dividing the annual base salary by the number of hours scheduled for the year. Section 500.129 FLSA Section 213 (a) (3) Fully Exempt Seasonal/Recreational Employees According to Section 213(a)(3) of the Fair Labor Standards Act, certain seasonal /recreational employees are exempt from the overtime provisions of the law. This exemption applies to any employee who is employed in a recreational establishment, organized camp, or non -profit educational conference center if: a) the establishment does not operate for more than seven (7) months in any calendar year; OR b) during the preceding calendar year, its receipts for any six (6) months of the year were not more than thirty -three and one -third (33 1/3 %) percent of its average receipts for the other six (6) months of the year. As a matter of policy, persons employed by Augusta, Georgia, in a capacity falling within the above referenced FLSA exemption shall be paid straight time for all hours worked. Section 500.130 Overtime for Part -time, Non - exempt Employees Part-time, non - exempt employees who work more than their normal work schedule but less than the FLSA maximum hours for the appropriate work cycle will be paid at straight time. When hours worked exceed FLSA maximums for the appropriate work cycle, part-time employees will be paid overtime at time and one -half (1.5) of the regular rate. Section 500.131 Compensatory Time Policy for Non - Exempt Staff The Fair Labor Standards Act (FLSA) authorizes local governments to grant compensatory time (comp time) off at a rate of one and half (1.5) hours for each overtime hour worked in lieu of cash overtime compensation. However, comp time shall only be applicable to non - exempt employees. Comp time accrued and used in the same FLSA work cycle is used as straight time (e.g. a non - exempt employee works three (3) hours past his normal schedule on the third day of a seven (7) day FLSA work cycle. The employee then uses the accrued comp time on the sixth day of the same FLSA work cycle. The time is used as straight time (three hours), since the use of the comp time took place in the same FLSA work cycle.) Comp time is allowed at the discretion of the Elected Official /Department Director. Comp time must be provided in accordance with an agreement or understanding with employees prior to the time being worked. The employee has the right to request the use of accumulated comp time. Department /office administrators must allow for the use of the comp time within a reasonable period following the employee's request to take the time off unless the operation of the government would be unduly disrupted by the employee's absence from work. The employee is entitled to receive full compensation for unused accumulated comp time when employment is terminated. The FLSA requires the paying out of or "cashing out" of comp time upon separation from Augusta, Georgia service. When compensatory time is cashed out upon separation of employment, it must be paid at the regular rate the employee is earning at the time it is cashed out, or the average regular rate received by the employee during the past three years, whichever is higher. All Rights Reserved 98 I P a g e Department Directors /Elected Officials may choose to cash out comp time periodically at any time during the employee's tenure with the approval of the Augusta, Georgia Board of Commissioners. When time is cashed out by a Department /Office on occasions other than separation from Augusta, Georgia service, it must be paid at the regular rate the employee is earning at the time it is cashed out. (Funds must be available in the department budget for use in cashing out comp time.) Section 500.132 Maximum Comp Time Accrual The FLSA establishes the maximum amount of comp time that employees can accrue. The maximum accrual limit for employees engaged in work associated with public safety, emergency response and seasonal work is 480 hours. For employees in all other areas, the maximum accrual is 240 hours. Any hours worked over these limits must be paid to the non - exempt employee. Section 500.133 Employees Transferring From One Department/Office to Another When non - exempt employee with a comp time balance transfers from one department/office to another, the department/office from which the employee is transferring is responsible for cashing out the comp time balance and paying the employee prior to the effective date of the transfer. Section 500.134 Amendment of Salary Administration Program The Administrator shall have the authority to approve all classifications, reclassifications, pay adjustments up to fifteen percent (15 %) of base pay and final decision authority of classification appeals. The Administrator, when necessary, may request a meeting with the Human Resources Director for the purpose of amending the Salary Administration Program and to conduct a salary and wage competitiveness examination. Based upon this examination, the Human Resources Director will present recommendations for revisions in the Salary Administration Program to the Administrator for appropriate action. When reviewed by the Administrator and approved by the Board of Commissioners, the Salary Administration Program shall constitute Augusta, Georgia's pay schedule and shall be effective until such time as the Administrator deems necessary to effect changes. Section 500.135 Interim Pay Policy The purpose for this policy is to provide a salary adjustment to employees who are placed in an interim position. An individual serving on an interim basis in a position at a higher salary will be based on the policy provided in Section 500.118 herein. This policy will only whereas applies when the position will be vacant for at least thirty (30) days. Interim Pay Amount: The following adjustments will be provided to employee who is in the interim position based on the following criteria: 1. Employees will be moved to the entry level pay of the job grade of the vacant position or the employee will receive a fifteen percent (15 %) increase, whichever is less. The Administrator may approve additional increase of up to fifteen per cent (15 %) if funds are available. 2. At the end of the interim term, the adjustment will be eliminated and the employee will return to their previous salary. There will be no exceptions to this guideline. All Rights Reserved 991 P a g e Approval: All interim salary adjustments must be approved in accordance with this policy and Section 500.118 before any salary adjustment is to be implemented. All salary adjustments will be implemented at the beginning of the pay period following approval. Adjustment will not be made during a pay period. Procedure: All salary adjustments must be submitted in writing to the Human Resources Director and must include the following: 1. A memorandum justifying the salary adjustment including the names of both the person who will be out and the person to be placed in the interim position. 2. A time frame that states the length of the salary adjustment, not to exceed 90 days. 3. If more than ninety (90) days is needed, another request justifying the need should be submitted in writing and will require the appropriate approval. C. POSITION CLASSIFICATION PLAN Section 500.201 Classification Plan The Administrator shall have the authority to approve all classifications, reclassifications, pay adjustments and final decision authority of classification appeals, except as otherwise provided. A. Purpose of the Plan The position classification plan provides a systematic arrangement of the positions in the Augusta, Georgia workforce. The plan groups the various positions into classes with appropriate titles, description of duties, responsibilities, and types of work performed. Each description lists the minimum requirements and qualifications needed to perform the job. By describing job duties, responsibilities, and qualifications, the classification plan provides guidelines for establishing a pay plan based on these relationships. B. Uses of the Plan The Classification Plan shall be utilized to - 1. Establish qualifications; prepare examination announcements, and examination content 2. Determine salaries to be paid for the various classes of work. 3. Determine lines of promotion. 4. Develop an employee training program. 5. Provide an understandable and uniform terminology of jobs. All Rights Reserved 1001 P a g e C. Content of the Plan The Classification Plan shall consist of - 1. A grouping of positions into classes on the basis of approximately equal difficulty and responsibility which require the same general qualification, and which can be equitably compensated within the same pay grade. 2. There are two types of classification titles: Approved Job Title — are approved by the Administrator and cannot be changed by a Department Director. The Human Resources Director may recommend a job title change approval at anytime to the Administrator. Working Job Title- may be changed by a Department Director upon written notice to the Human Resources Department. Prior to changing the Working Job Title, a Department Director must consult with Human Resources Compensation Administration unit. The Human Resources Department shall update records to reflect any job tile changes. Augusta, Georgia Human Resources Compensation Administration unit shall administer a job title system that groups non - represented jobs into related and logical progressions. Jobs are organized by field, which is a broad occupational grouping (for example, Information Technology would be a job field). Within each field is a group of job families, which are more specific, such as the Database Administration family. Within each family are categories of jobs, which describe the nature of work performed, such as Professional or Supervisory & Managerial. Lastly, within each category there are different levels of jobs. For example, for professionals within the Database Administration family there is a Database Administrator 1, 2, 3, 4 and 5. Not all families have every category or level — only those that are required to represent current jobs. By developing organization -wide career progressions, job families can serve as a starting point for our discussions around career development. Jobs in the new structure shall be assigned new, standardized titles. The new titles are based on industry- standard job titles, which are commonly found in government organizations nation -wide and in professional salary surveys. The intent is that all employees who perform the same type of work at the same level of expertise will be assigned the same organization -wide job title and pay grade. For example, all entry-level Accountants across the organization will have the title of "Accountant 1" and will have the same pay grade. The Approved Job Title, indicative of the work of the class, shall be used on all personnel, accounting, budget and related official records. No person shall be appointed to a position that is not a job title approved by the Administrator. Written job descriptions for each job classification containing the nature of work and relative responsibilities of the class, typical illustrative tasks found in the class, requirements of the class setting forth the necessary knowledge, skills, and abilities required for adequate performance of the work, and the desirable experience and training needed for recruiting to the class will be drafted and maintained by the Human Resources Department. All Rights Reserved 1O1 1 P a g e D. Adoption of the Classification Plan The Plan shall be prepared by the Human Resources Director with such assistance as necessary and shall be presented to the Administrator for approval. E. Changes in the Classification Plan The addition of new classes or deletion of existing classes shall be accomplished in the same manner as the original adoption of the Plan. F. Maintenance of the Classification Plan The Human Resources Department shall be charged with the responsibility of maintaining the Classification Plan and providing for the continued, proper allocation of the employees in the Classified Service: 1. On the basis of studies made by the Human Resources Department on new or proposed positions and on the recommendations resulting there from, the Human Resources Director shall, place the position in the proper class reflecting the duties and responsibilities of the work. 2. On the basis of studies made by the Human Resources Department and on the recommendations resulting there from, the HR Director may propose to the Administrator a reclassification of positions to the proper classification. The Administrator's decision regarding reclassifications shall be final. Section 500.202 Position Descriptions (Class Specifications) Class specifications are very general descriptions of the duties and tasks of positions in the organization. Employees shall have a class specification associated with their official position. It shall describe examples of actual tasks performed in a generic manner, including the essential functions of the position and physical abilities generally required to perform those essential functions. An approved position description template by the Human Resources Director shall be used by all Department Directors at all times. Section 500.203 Official Copy of Class and Position Descriptions A master set of all approved class and position descriptions, which shall constitute the official Classification Plan, shall be maintained in the Human Resources Department. The official copy shall show all amendments to the original plan. All approved job classes can be found in the Human Resources Compensation website (intranet). Section 500.204 Titles of Positions The approved job title of a position shall be used to designate the position in all budget estimates, payrolls and other official records, documents, vouchers and communications in connection with all personnel processes. Other working titles may be used for a position, if desired, by the Appointing Authority for purposes not involving a personnel process. Approved job titles may be changed only with the approval of the Human Resources Director and the Administrator. All Rights Reserved 102 1 P a g e Section 500.205 Minimum Qualifications Minimum qualifications are comprehensive statements of the minimum skills, experience, education and abilities necessary to perform the essential functions of the job. Section 500.206 Procedures for the Allocation of Positions The Human Resources department is responsible for ensuring that all classified positions are allocated and, after consulting with the affected employee(s) (if applicable) and his or her Department Director or Appointing Authority, recommending to the Administrator or designee the appropriate class of each position. Every position shall be placed in the appropriate class before final administrative action can be taken on appointments, transfers, promotions, changes in pay grade or payment of salary involving the position. Those positions which are sufficiently similar with regard to duties performed, level of responsibility, minimum requirements of training, experience, or skills and which merit approximately equal pay shall be allocated to the same class. A complete set of written specifications for each job classification including any special entrance qualifications for particular classes shall be maintained by the Human Resources Department. When new positions are approved in the budget, the Human Resources department shall create new class specifications and assign them to an appropriate class. In order to propose a new position, a Department director shall provide to the Human Resources Director a job description of the position, a completed Position Description Questionnaire (PDQ), and both current and proposed organization charts. A field audit and/or oral interview with a department representative shall be required by the Human Resources Department in order to verify the information provided on the PDQ. The Human Resources Director or the designee conducts a market analysis of the position to determine appropriate pay grade and salary range of the position, and then recommends approval to the Administrator or designee all proposed actions for reclassifications, additions, deletions and reallocations. All position requisitions except a backfill position (a backfill position is a position that has been declared vacant due to voluntary or involuntary separation of the incumbent from the position) should be forwarded to Compensation Administration for review to determine appropriate pay grade and salary range of the position. A position requisition that is a backfill should not be forwarded to Compensation unless the position's duties and responsibilities have changed substantially by fifteen percent (15 %) or more. Supervisors are to certify to the Human Resources Director that there are substantial changes in the position as mentioned above and that sufficient funding exists to pay for the specific position. Section 500.207 Procedures and Conditions for the Reallocation of Positions The Human Resources Director may recommend approval to the Administrator or designee for the reallocation of existing vacant positions when it is determined that the position is incorrectly allocated. Such action is called reallocation and must be approved by the Administrator or designee. The Administrator may reallocate a vacant position when provided with appropriate justification from the Department Director /Appointing Authority. Reallocations may occur as the result of the conditions described below: All Rights Reserved 103 1 P a g e 1. The position was incorrectly allocated initially and there have been no substantial changes in duties; or 2. There has been a substantial change in the duties and responsibilities or qualifications associated with a position since it was allocated to a particular class. If a position is assigned a higher pay grade than the current classification, such action is considered an upgrade of the position. If the position is occupied at the time of the upgrade and the incumbent has occupied that position for a minimum of six (6) months prior to the re- grade, the incumbent may be reclassified without examination and funding certification has been done by the supervisor, if the employee meets the minimum qualifications of the new classification. If the position is reallocated and the pay grade is not changed, the incumbent may be reclassified without examination providing the employee meets the minimum qualifications. If the position is assigned a lower pay grade than the current classification, this change is called a downgrade of the position. If the position is occupied, the incumbent will be reclassified and continue at the same pay and receive increases to the maximum of the range of the lower grade. If the current salary is above the maximum for the lower class, the employee shall be permitted to continue at the present rate of pay until the current salary falls within the lower grade range. In all cases of reallocation, if the position is vacant, it shall be filled in the prescribed manner according to the established process. In all cases of reallocation of an occupied position, the incumbent is reclassified consistent with the new allocation provided the incumbent meets the minimum qualifications for the position. The review date of the incumbent is not changed by such action. Any employee affected by the reallocation of his or her position may file a written request for reconsideration to the Human Resources Director. If the position is part of a specified job grouping where each successive increase is dependent upon receiving a higher level certification, license or other specified qualification, and promotion to the next level in the job grouping is automatic upon receipt of said certificate or license, the Human Resources Director may authorize the reallocation of the position and the reclassification of the incumbent without further review or approval if funds have been approved in the budget. The Human Resources Director reviews request for reallocation and recommends to the Administrator suitable action. Section 500.208 Procedures for the Re- grading of Positions The Human Resources Director may recommend approval to the Administrator or designee for a change in pay grade of existing positions when it is determined through re- evaluation of the position that the pay grade needs to be adjusted. Such action is called re- grading and must be approved by the Administrator or designee. Re- grading may occur as a result of the position being re- evaluated when compared to comparable jobs within the market without any substantial changes in duties. If a position is assigned a higher pay grade than the current classification, such action is considered an upgrade of the position. In order for a position to be re- graded to a higher position, the job duties and responsibilities must have changed by a minimum of fifteen percent (15 %). Any position re -grade or higher level changes not meeting the fifteen percent (15 %) change in duties and responsibilities of the position shall not merit a shift in pay grade or any salary movement. All Rights Reserved 1041 P a g e Section 500.209 Maintenance of the Classification Plan To fill a job vacancy, the Department Director or Appointing Authority must initiate a request which will include a statement that the essential job functions and qualifications are still the same, or if different, must include a position description questionnaire (PDQ) form outlining the current duties and responsibilities for the position. When a department or division is reorganized, the Department Director or Appointing Authority shall submit new position description questionnaires (PDQ) for all affected positions, including justification for re- organization showing significant cost reduction, improved productivity and efficiency as a result of the reorganization. In addition, the Department Director shall furnish department organization charts (old and new), and qualifications of each incumbent (if position was advertised only for internal candidates) of the new position to the Human Resources Director. Any change, except as indicated in these policies, in the Classification Plan, such as establishing new classes, abolishing classes, reallocating classes or pay grade changes for classes require the prior approval by the Human Resources Director and approval by the Administrator or designee if it impacts current fiscal year budget. Section 500.210 Departmental Reorganization/Reclassification Policies and Procedures Authority of the Administrator The Administrator shall have the authority to approve all classifications, re- organizations, and reclassifications; pay adjustments up to fifteen percent (15 %) of base pay and final decision authority of classification appeals. Introduction - Augusta, Georgia's classification system was designed to group positions together which have similar duties, have approximately the same levels of complexity and responsibility, require similar training and experience at the time of recruitment, and uses pay grades which allow for compensation within the same pay ranges for comparable positions. Reclassification of an existing position shall be based upon significant changes (normally minimum of fifteen percent (15 %) of the position's duties and responsibilities) in a position such that the new job duties and responsibilities are no longer appropriately placed in the current compensation system within the department. Such changes should be reflected in factors as increases in the level of training or skills, knowledge, responsibility, scope of supervision (if applicable), working conditions and accountability. The Reclassification System should not be used to reward or punish the incumbent's performance, to circumvent the raise recommendations, to recognize the incumbent's volume of work, dependability, loyalty or financial need. Reclassification may result in a position upgrade that necessitates an increase in salary or it could result in a position downgrade to a lower pay grade. In an effort to reduce costs, improve efficiency and productivity, Department Directors may have a bona - fide need to reorganize their department, create new position(s), eliminate unnecessary position(s), or reclassify existing position(s). Prior to attempting to implement a reorganization, department Directors should initiate a discussion with the Human Resources Director and Augusta, Georgia Law Department, as applicable, to help determine the feasibility, appropriateness, compliance with all applicable employment laws (i.e., FLSA, Equal Pay Act, etc.) and organizational savings associated with the proposal. All Rights Reserved 1051 P a g - e Overview Any requests for reorganization must first be submitted to the Human Resources Director for initial review. The HR Director shall recommend to the Administrator suitable action. Justification for overall net cost - savings and /or data supporting any improvement or efficiency resulting from departmental reorganization. Availability of appropriate funding in current budget for the position(s) in question, consolidation of duties, responsibilities, etc., that will produce tangible efficiencies in operations or measurable quality of customer service. Special Note Any requests for departmental reorganization / reclassification not in conformance with this policy will not be processed by the Human Resources Department Submission Procedures to Human Resources Department The Department Director must attach a memo that will help make a business case for the reclassification or reorganization request. The following items must be provided by Department Director or designee to the Human Resources Director when submitting a reclassification or re- organization proposal: a. Position control information for current and proposed organization (obtain from finance department); b. Name, pay rate and grade for all incumbents; c. Position(s) that will be abolished, respective savings, productivity and efficiency improvement to be realized; d. Addition/deletion of duties and responsibilities for all positions that are proposed for reclassification; e. Current and proposed organizational charts (for your department); f. Proposed job description for all positions and PDQ as appropriate; and g. Availability of funding in the current Fiscal Year to support the reorganization. Plans to request a review of position(s) for - next year's budget shall be forwarded to the Human Resources Director. A preliminary review of position(s) shall be performed by the Human Resources Department. If approved by the Administrator, the position is then put into next year's budget if funding is not available for present fiscal year budget. Any request will not be processed without these documents. The length of time for the review or reclassification requests by Human Resources and the Commission will depend on factors such as the complexity of the review and the number of reclassification and/or reorganizations that are in process. Section 500.211 Conducting a Job Audit From time to time, the Human Resources Director may order an audit of a single or multiple position(s) in one department, selected departments, or all departments, as deemed necessary. Should the Human Resources Director order an audit, the results of the audit will be made available to the Administrator and Department Director(s). The process of the job audit is as follows: 1. A representative of the Human Resources Compensation Administration Unit, on the Human Resources Director's directive to conduct such audit, shall first schedule an appointment with the Department Director confirming the date, time and place of the audit. 2. The Department Director(s) shall notify incumbent(s) of the position(s) of audit date. All Rights Reserved 106 P a g 3. A Compensation Administration representative shall utilize an approved Job Audit form and/or Position Description Questionnaire (PDQ) for this purpose. The cooperation of employee /supervisor are required. 4. A Compensation Administration representative may interview the Department Director, immediate supervisor, and/or incumbent 5. Results of the audit shall be forwarded to the Human Resources Director. 6. The Human Resources Director shall notify Department Director of the results of the audit. 7. A copy of the audit result(s) and Compensation Administration recommendations may be forwarded to the Administrator for financial approval. Job Audit or Reclassification Requests The department Director shall review each employees request first and if deemed appropriate, recommends or submit the request to the Human Resources Director. Section 500.212 Administrative Review of Reclassifications, Reallocations, and Reorganizations Employee Initiated Any employee who feels that his or her position was adversely effected by a reclassification, reallocation, and /or reorganization may seek reconsideration of the adverse action by submitting to his or her Department Director the reasons the adverse action was inappropriate. If the Department Director deems that reconsideration is appropriate, the Department Director shall complete the steps under Department Director initiated appeals below. If the Department Director does not believe that reconsideration is appropriate, the Department Director shall provide the employee with a written explanation why reconsideration in not appropriate. Department Director Initiated Of his or her own will or at the request of an employee, a Department Director may seek reconsideration of any position adversely effected by a reclassification, reallocation, and /or reorganization. In order to seek a reconsideration, the Department Director shall submit the following to the Human Resources Director: a. Position control information for current and previous position (obtain from finance department); b. Name, pay rate and grade for the position at issue; c. Addition/deletion of duties and responsibilities for the position at issue; d. Current and proposed (if reconsideration granted) organizational charts (for your department); e. Proposed job description for position at issue; and f. Availability of funding in the current Fiscal Year to support the reconsideration. Upon receipt of this information, the Human Resources Director will reconsider the adverse impact upon the position at issue. If the Human Resources Director grants the reconsideration, steps will be taken to institute the reconsideration. If the Human Resources Director denies the reconsideration, the Department Director will be provided a written explanation why the reconsideration was denied. D. OTHER COMPENSATION - RELATED POLICIES Section 500.301 Compliance Augusta, Georgia's Compensation Policies and Procedures Manual was developed and implemented to provide administrative guidance for compliance with the Fair Labor Standards Act of 1938 as amended All Rights Reserved 107 1Page and Title VII of the Civil Rights Act, as amended. Section 500.302 Interpretations Questions concerning the interpretation of these policies and procedures should be directed to Human Resources Director. Any disagreement between a Department Director and Human Resources Director as to the interpretation of this policy will be referred to the Administrator. Section 500.303 Petitions It is the desire of Augusta, Georgia to address employee complaints concerning the administration of the Plan first on an informal basis. Both management and employees are expected to make every effort to resolve disagreements. Section 500.304 Minimum Wage Policy Augusta, Georgia adheres strictly to both the U.S. Department of Labor and the Georgia Department of Labor's minimum wage requirements. The minimum hourly wage paid to all staff, including part time, temporary, and limited service employees, is regulated by the current U.S. Department of Labor federal minimum wage or Georgia Department of Labor minimum wage whichever is higher. Section 500.305 Red Circle Rate Employees who are above the maximum of their salary grade are ineligible to receive any additional increase to the base salary. However, if an employee is rated as "Exceeds" in an overall evaluation during the annual review process, the employee will be eligible for a lump sum payment equal to their full amount of merit on an annual basis. If the employee receives a "Meet Expectations" rating on their review, the employee will be eligible for a lump sum payment equal to one -half of their merit increase on an annual basis. This policy is effective from date of approval of this policy manual. This policy is subject to approval of budget and availability of funds. Section 500.306 Green Circle Rate Green Circle Rate is the rate of pay that is less than the minimum established rate for that pay grade. An employee paid under this circumstance will be eligible for increases that will bring that person's salary up to the minimum of the salary range depending on availability of funds. The Human Resources Director and the Administrator may make the adjustment as deemed necessary. Section 500.307 Base Step Increases or Within Grade Increases Pay Schedules Note: The following is a BASE Within -grade Increases Pay Schedule Policy. All Augusta, Georgia employees that satisfy the requirements of this policy shall receive pay adjustments above the base pay when funds are available. All Rights Reserved 108 1 P a g e Authority of the Administrator The Administrator shall have the authority to approve all classifications, reclassifications, pay adjustments and final decision authority of classification appeals. Purpose The purpose of this Policy is to provide employees of Augusta, Georgia the opportunity to receive pay adjustments based on their job performance including extended tenure in office. This program is also designed to help process pay - related actions that occur when there is no change in the employee's department, appointment status, position, or grade. Description Each General Pay Schedule (GPS) grade has 10 steps. Within -grade increases (WGIs) or step increases are periodic increases in a GPS employee's rate of basic pay from one step of the grade of his or her position to the next higher step of that grade. The system consists of 30 grades (or levels), starting at PG 32 and continuing to PG 61. Employees aren't always hired in at the Minimum level; some are hired in ten (10 %) or fifteen (15 %) percent (with the Administrator's approval) above Minimum Pay Grade due to prior experience or education. If the employee has a great academic career, then the individual could qualify for Superior Academic Achievement (see Augusta, Georgia's career ladder /tuition reimbursement program for additional information). Under this program, within each grade, there are 10 steps that can increase an employee's pay by about 1.50% at each step (this is in addition to pay adjustments in response to pay increase in the private sector, like a cost -of- living raise). An employee can expect to receive a raise by moving up one step at a time within a Pay grade, EXCEPT FOR: 1. A one -year waiting period for the first three step increases; 2. Then a two -year waiting period for the next three increases; 3. Then a three -year waiting period for the next step increases. Earning Within -Grade Increases Employees who occupy permanent positions earn WGIs upon meeting the following three requirements established by Augusta, Georgia: • The employee's performance must be at an acceptable level of competence. To meet this requirement, an employee's most recent performance rating of record must be at least ( "Meet Expectations "). • The employee must have completed the required waiting period for advancement to the next higher step. • The employee must not have received an "equivalent increase" in pay during the waiting period. All Rights Reserved 1091 P a g e Permanent Positions WGIs apply only to Augusta, Georgia employees occupying permanent positions. "Permanent position" means a position filled by an employee whose appointment is not designated as temporary and does not have a definite time limitation of 1 year or less. "Permanent position" includes a position to which an employee is promoted on a temporary or term basis for at least 1 year. Required Waiting Periods For employees with a scheduled tour of duty, the required waiting periods established by Augusta, Georgia for advancement to the next higher step are as follows: Advancement from... Requires... step 1 to step 2 52 weeks of creditable service at step 1 step 2 to step 3 52 weeks of creditable service at step 2 step 3 to step 4 52 weeks of creditable service in step 3 step 4 to step 5 104 weeks of creditable service in step 4 step 5 to step 6 104 weeks of creditable service in step 5 step 6 to step 7 104 weeks of creditable service in step 6 step 7 to step 8 156 weeks of creditable service in step 7 step 8 to step 9 156 weeks of creditable service in step 8 step 9 to step 10 1 156 weeks of creditable service in step 9 Example of a Step Increase a 4 'Soft. s. 30 $14,011.44 $24,019.62 17803 18398 18990 19579 20171 20519 21104 21694 21717 22269 VARIES 31 $14,748.89 $25,283.81 *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% VARIES 32 $15,525.15 $26,614.54 *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% *1.5% $0.00 Section 500.308 Senior Executive Service (SES) Group The Senior Executive Service (SES) Group consists of key executive level employees of the organization. SES employees are employees -at -will throughout the term of their employment and do not obtain a property interest in their position at any time. SES employees are not entitled to appeal their terminations to the Personnel Board. All Rights Reserved 1101 P a b e Definitions of SES Groups • The SES Group I — covers a wide spectrum of executive level jobs involving managing managers and professional staff on a daily basis, as well as leading and directing daily operational type work to subordinates. They also may manage their department's budget. Jobs in this category contribute largely through the use of their level of professional expertise. Salary range for the SES Group I is from $70,000 to $130,000 per annum. • The SES Group II - covers executive level employees that typically report to the SES III Group. The incumbents in this category typically contribute through their people leadership. They are in essence known as technical experts who deliver a job that is key to the organization through their professional leadership. Incumbents in this category, typically rely on extensive experience and judgment to plan and accomplish goals. Incumbents in this category may perform a variety of tasks, lead and direct the work of others, oversea the entire regulation process for services requiring governmental approval by ensuring that all necessary applications are filed and handling all government interactions. They are responsible for developing procedures and formalizing them through approval processes to ensure regulatory compliance. A wide degree of creativity and latitude is expected within their department and organization. The salary range for SES II Group is from $80,000 to $140,000 per annum. • The SES Group III — covers employees who actively participate in developing organization policy and report directly to elected official(s), Commission, or Board. They advise the Elected Officials(s), Commission, or Board on strategy. In essence, they are responsible for defining business strategy and contributing to the organization through their vision. They are responsible for managing multiple departments in the organization. They also have final authority to relative autonomy to adjust budgets in their departments. Incumbents in this category, ensures services meet organization standards as well as all applicable government regulations. Market value of these positions is a key factor in inclusion in this category. The salary range for SES III is from $90,000 to $150,000 per annum. • The SES Group IV — covers employees who actively make formal recommendations to the Elected Official(s), Commission, or Board on matters relating to organizational policies and procedures. They plan strategy and seek approval from the Elected Official(s), Commission, or Board to implement such strategy. They are visionaries and are responsible for directing high- level strategic activities of the organization. They ensure that strategic results of the overall organization are accomplished successfully. The compensation of SES IV employees is to be determined by the Commission. All Rights Reserved 111 P a g e The following positions are identified and confirmed as Augusta, Georgia's SES Group: Organizational SES Organizational SES Organizational SES Job Title Group Job Title Group Job Title Group IV Administrator II Recreation Director I Board of Elections Director IV General Counsel II Utilities Director I Daniel Field Director IV Clerk of 11 Engineering 1 Animal Services Commission Director Director IV EEO Director 11 Solid Waste 1 Staff Attorney Director IV DBE Federal II Human Resources 1 Transit Director Program Director II Finance Director 1 Warden II Tax Assessor 1 Housing & Community Development Director III Deputy 11 Emergency 1 Fire Chief Administrator Management Service (EMA) Director III Deputy 11 Information I Facilities and Administrator Technology Director Maintenance Director III Airport Executive II Procurement Director Director III Deputy General 11 License & Counsel Inspections/Planning & Zoning Director II Senior Staff Attorney II Environmental Services Director Section 500.309 Immediate Vesting for SES Employees Senior Executive Service (SES) level employees employed with Augusta, Georgia as of the effective date of this policy and hire thereafter shall be 100% vested in their normal retirement benefit immediately upon becoming a participant in Augusta, Georgia pension plan. Section 500.310 SES Group Member Affected by Reduction in Work Force If a SES Group member 1) is involuntarily separated from employment with Augusta, Georgia in accordance with reduction in force guidelines approved by the Augusta, Georgia Board of Commissioners; 2) is vested in a normal retirement benefit under the terms of this Plan at the time of said All Rights Reserved 112 1 P a g e separation; 3) is involuntarily separated in accordance with reduction in force guidelines that remain in effect at the time of the SES Group members separation; and 4) has executed any and all waiver agreements or releases required by Augusta, Georgia in connection with said reduction in force, then the SES Group member shall be credited with an additional five (5) years of Credited Service under the Augusta, Georgia pension plan solely for purposes of computing the amount of any retirement or death benefit payable to or on behalf under the terms of the pension plan. Said Credited Service shall not be counted for purposes of meeting the minimum service requirements for vesting or retirement or death benefit eligibility under the pension plan. Section 500.311 SES Group Severance Pay Any SES employee who is terminated without cause, by vote of the Commission, and executes as release of claims as required and approved by the Human Resources Director, shall receive severance pay, pursuant to the Administrator's approval, as follows: 1. SES Groups I -III shall be eligible for one (1) month of severance pay during the first year of employment and an additional month of severance pay for each additional year worked in a SES position, not to exceed a maximum of six months of continued pay. 1.1 Employment time serving in a non -SES position will not be credited for prior years of service under this policy if subsequently promoted to a SES position. 1.2 This policy will not void any contracted agreement currently in effect. 1.3 This policy applies only to the employees serving in the SES level positions 2. SES Group IV shall be eligible for three (3) months severance pay if terminated during the first year of employment as a SES Group IV employee and twelve months (12) if terminated after providing at least one (1) year of service as a SES Group IV employee. In addition, such employees shall be eligible to receive an additional month of severance for each additional year worked as a SES level IV employee not to exceed a maximum of twelve (12) additional months of continued pay (for a total not to exceed 24 months). 2.1 Employees that previously served in a non -SES Group IV positions will not be credited for prior years of service in non -SES Group IV positions. 2.2 This policy will not void any contracted agreement currently in effect. 2.3 This policy applies only to the employees serving in SES Group IV positions. Section 500.312 Notice of Resignation Required for SES Employees If a SES Group member voluntarily leaves their position without providing a minimum of ninety (90) days written notice of resignation, the SES Group member may not be entitled to severance pay. In the event that an SES Group member is voluntarily leaving the organization, depending on conditions and availability of a suitable replacement, either interim or permanent, a ninety (90) day written notice may be waived in all or in part by the Administrator or the Commission. All Rights Reserved iii 1 P a g e Section 500.313 Moving and Relocation Expenses for SES Employees Subject to the approval of the Administrator or Commission, newly hired SES employees may be reimbursed by Augusta, Georgia for relocation expenses, including temporary housing for Employee for house hunting. Augusta, Georgia may also elect to pay directly for the expenses of moving employee and his or her household to Augusta, Georgia. Such relocation and moving expenses shall not exceed ten ($10,000) thousand US Dollars. If such expenses exceed ten thousand dollars ($10,000), the Administrator or the Commission, in its sole discretion, may review and authorize such expenses to include parking, moving, storage cost, unpacking, temporary housing, and insurance charges. SES employee agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest most responsible and responsive bidder. Section 500.314 Annual Leave for SES Employees SES employees will be credited with five (5) years additional service for purposes of determining the rate at which Annual Leave will accrue. There is no waiting period before SES employees can use Annual Leave. Annual Leave accrual and carryover for SES employees is capped at three hundred twenty -five (325) hours. Section 500.315 SES Employee Probationary Period SES employees are not subject to normal and customary probationary periods. Section 500.316 Compensation Inaccuracies and Corrections It is our policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure that you are paid properly for all time worked and that no improper deductions are made, you must record correctly all work time and review your paychecks promptly to identify and to report all errors. Review Your Pay Stub We make every effort to ensure our employees are paid correctly. Occasionally, however, mistakes can happen. When mistakes do happen and are called to our attention, we will promptly make any corrections necessary. Please review your pay stub when you receive it to make sure it is correct. If you believe a mistake has occurred or if you have any questions, please use the reporting procedure outlined below. Non- exempt Employees If you are classified as a non - exempt employee, you must maintain a record of the total hours you work each day. These hours must be accurately recorded on a time card that will be provided to you by your supervisor. Each employee must sign his or her time card to verify that the reported hours worked are complete and accurate. Your time card must accurately reflect all regular and overtime hours worked, any absences, late arrivals, early departures and meal breaks. At the end of each week, you should submit your completed time card to your supervisor for verification and approval. When you receive each pay check, please verify immediately that you were paid correctly for all regular and overtime hours worked each work week. All Rights Reserved 1141 P a g e Unless you are authorized by your supervisor, you should not work any hours that are not authorized. Do not start work early, finish work late, work during a meal break or perform any other extra or overtime work unless you are authorized to do so and that time is recorded on your time card. Employees are prohibited from performing any "off -the- clock" work. "Off -the- clock" work means work you may perform but fail to report on your time card. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to, and including, discharge. It is a violation of the Company's policy for any employee to falsify a time card, or to alter another employee's time card. It is also a serious violation of Company policy for any employee or manager to instruct another employee to incorrectly or falsely report hours worked or alter another employee's time card to under- or over -report hours worked. If any manager or employee instructs you to (1) incorrectly or falsely under- or over -report your hours worked, or (2) alter another employee's time records to inaccurately or falsely report that employee's hours worked, you should report it immediately to the Human Resources Department. Exempt Employees If you are classified as an exempt salaried employee, you will receive a salary that is intended to compensate you for all hours you may work for Augusta, Georgia. This salary will be established at the time of hire or when you become classified as an exempt employee. While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work you perform. Under federal and state law, your salary is subject to certain deductions. For example, absent contrary state law requirements, your salary can be reduced for the following reasons: • Full day absences for personal reasons • Full day absences for sickness or disability • Full day disciplinary suspensions for infractions of our written policies and procedures • Family and Medical Leave absences (either full or partial day absences) • To offset amounts received as payment for jury or witness fees or military pay • The first or last week of employment in the event you work less than a full week Your salary may also be reduced for certain types of deductions such as your portion of health, dental or life insurance premiums; state, federal or local taxes, social security; or, contributions to a pension plan. In any work week in which you performed any work, your salary will not be reduced for any of the following reasons: • Partial day absences for personal reasons, sickness or disability • Your absence on the day before or after a paid holiday or because the facility was closed on a scheduled work day • Absences for jury duty, attendance as a witness, or military leave in any week in which you have performed any work • Any other deductions prohibited by state or federal law Please note: It is not an improper deduction to reduce an employee's accrued vacation, personal or other forms of paid time off for full or partial day absences for personal reasons, sickness or disability. All Rights Reserved its ( P a g e All Rights Reserved 1161P a g e To Report Concerns or Obtain More Information If you have questions about deductions from your pay, please immediately contact Human Resources. If you believe you have been subject to any improper deductions or your pay does not accurately reflect your hours worked, you should immediately report the matter to your supervisor. If the supervisor is unavailable or if you believe it would be inappropriate to contact that person (or if you have not received a prompt and fully acceptable reply), you should immediately contact the Director of Human Resources in Room 601 of the Municipal Building or at (706) 821 -2303, the Manager of Payroll, or any other supervisor with whom you feel comfortable. If you are unsure of who to contact if you have not received a satisfactory response within five business days after reporting the incident, please immediately contact the Administrator in Room 801 of the Municipal Building or at (706) 821 -2400. Every report will be fully investigated and corrective action will be taken where appropriate, up to and including discharge for any employee(s) who violate this policy. In addition, the Company will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the Company's investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy will result in disciplinary action, up to, and including, discharge. All Rights Reserved 1171 P a g e CHAPTER VI. EMPLOYEE INCENTIVE AWARDS PROGRAM (EIAP) Section 600.001 Purpose This program, consisting of both cash and non -cash awards, provides recognition and incentives to employees who deliver high quality service, improvements in quality of work, efficiency, productivity, customer service, and achievements that promote health, welfare, and morale of the workforce This program will also establish guidelines to provide - • Enhancement of the Employee of the Month (EOM) and Employee of the year (EOY) programs; • Special public recognition of employees at Board meetings for employees who have dedicated their careers to serving to Augusta, Georgia and its citizens for a period of 25, 30, 35, 40, and /or 45 years; • Department level recognition for the employees who have served 5, 10, 15, and 20 years; • Special annual recognition of retirees that includes invitation to attend an annual recognition dinner /ceremony to honor their many years of dedicated service to Augusta, Georgia; and • Provide other recognition, awards, and incentives to employees for achievements that promote the health, welfare, and morale of the workforce. Section 600.002 Employee of the Month/Year Performance Awards The Employee of the Month (EOM) and Employee of the Year (EOY) Program(s) include cash incentives and non - monetary recognition to individuals for outstanding service to Augusta, Georgia and its citizens. All performance awards will be for the face amount of the award. Employees of the Month and Employee of the Year will each receive a monetary award based on their respective level of recognition. Employee of the Month (EOM) Guidelines • Only full -time, regular employees are eligible for consideration. • Members of the Employee Recognition Committee may not be considered for EOM. • Nominations are due on the 1 day of the month for the previous month to the recognition committee. • Department directors may submit only 1 nomination per month for EOM recognition • If an employee is not elected for one month, he or she may be considered for the next month, if re- nominated; Employee performance should be "above and beyond" what is normally expected in the day -to- day performance of job duties. All Rights Reserved its 1 P a g e • Evaluation should specifically focus on job related outputs and/or accomplishments in one or more of the following areas - o Initiative /Employee Innovation/Customer Service o Positive employee interaction o Productivity /Quality Improvement o Cost Savings /Cost Avoidance • Any nomination not based on one or more of the above mentioned criteria will result in automatic disqualification. • Recipients will receive a $100.00 gift card, proclamation plaque, EOM and Augusta, Georgia pins, picture taken, and one day off with pay. • EOM will be recognized by the Augusta, Georgia Commission during the 2nd Commission meeting of each month. How to Make an EOM Nomination • Any employee or supervisor may submit a nomination by filling out an EOM nomination form • Nominations are to be given to the department director of the employee who is being nominated. If more than one employee is nominated within the same department, then an internal review and selection process will recommend a nominee to the Department Director. • Once the department director receives the recommended nomination, the department director will approve the EOM (not more than one submission) who they wish to represent their department. • After approval is made by department director, the nomination form is to be forwarded to the Employee Recognition Committee no later than the first day of the subsequent month, by dropping the nomination form off in the ballot box, which is located on the r floor of the Municipal Building, or, by e- mailing the nomination form to the Director of Human Resources. • Note - you may only submit one (1) nomination per month and failure to submit nomination form on time will make the nomination ineligible • The Employee Recognition Committee will review departmental nominees and make final selection for the Employee of the Month. Employee of the Year (EOY) Guidelines • Any full -time regular employee with a minimum "satisfactory" Annual Performance Evaluation is eligible. • Members of the Employee Recognition Committee may not be considered for EOY. • All EOM selectees for the respective calendar year will be automatically considered for EOY. However, employee need not have been selected as an employee of the month in order to be considered for employee of the year recognition. • Nominations for EOY are to be submitted by December 15 • Evaluation should be based on accomplishments in one or more areas below - o Initiative /Employee Innovation/Cost Savings o Productivity /Quality Improvements o Customer Service Excellence o Positive employee interactions o After -hours community involvement o Other considerations that enhance quality of life in Augusta, Georgia, All Rights Reserved 119 1 P a g e • Recipients of the EOY award will receive a $250.00 gift card, plaque, EOY pin, Augusta, Georgia pin, picture taken, any donated gifts (e.g. lunch/dinner coupons when available), publicity, two days off with pay, and recognition at the annual dinner. • EOY photos will be retained for permanent display in the "Hall of Fame" display managed by the Human Resources Department. How to Make an EOY Nomination • Any employee may submit a nomination by filling out an EOY nomination form. • Nominations are to be given to the department director of the employee who is being nominated • Each Department Director will review all nominations received for EOY and complete a recommendation for each input • Once department director has made a selection for the employee who they wish to represent their department, the nomination should be forwarded to the Employee Recognition Committee no later than December 15th, by dropping the nomination form off in the ballot box, which is located on the 8 floor of the Municipal Building, or, by e- mailing the nomination form to the Director of Human Resources. • Note - you may only submit 1 nomination for EOY and failure to submit nomination form on time will make the nomination in- eligible. Section 600.003 Procedures for "Years of Service" Award Augusta, Georgia employees who have completed 25, 30, 35, 40, and /or 45 (or more) years of service will receive recognition at the first monthly Commission meeting each month and be presented a service pin denoting years of service, and a certificate. The Human Resources Department will manage the program. The procedures for employees to receive this recognition are: • The Human Resources (HR) Department will identify the employees each month who are eligible for this recognition based on seniority with Augusta, Georgia beginning in July 2009. As a service to employees, replacement pins or pins for previous anniversary dates can be purchased by employees at the HR Employee Store on the first week of every month at a cost of $5.00 each. • The HR Department will prepare and submit a recommendation to the Administrator for presentation and recognition at the monthly Commission meeting for all employees who reach their gold anniversary dates (i.e., 25 years s and every 5 years thereafter). • The HR Department will prepare certificates and have the pins available monthly for the Department Directors to present to employees with 5, 10, 15, and 20 years of service at an appropriate organizational recognition ceremony. • The HR Department will send a memo to notify the Department Director that his or her senior employee (s) (e.g. 25, 30, 35, 40, and 45 years service) will be recognized at the Commission meeting for his or her years of service to Augusta, Georgia. The Department will notify the employee and assist in scheduling them to attend the meeting. All Rights Reserved 120 P a g c Section 600.004 Retirement Recognition • The HR Department is responsible for administering the Retirement Service Award process to honor retirees for each respective calendar year. Retirees will receive a special recognition certificate, retirement gift (clock), and be invited to the annual retiree appreciation dinner. • The HR Department will also prepare the awards, including special retirement commemorative acrylic clocks with custom plaques showing appropriate "name, sincere appreciation for xx years of service" and Retirement Certificates from the Board for presentation to retirees. Notification of all retirees for the calendar year will include invitation to the annual recognition ceremony /dinner and all other associated activities. • The Retiree Recognition Dinner will normally be held in the fall of every year. Two dinner tickets for the retiree and one guest will be provided free of charge by Augusta, Georgia. To participate in honoring retirees, the Mayor, all Commissioners, the Administrator, and department heads will be requested to participate and will be provided one (1) ticket for the dinner. Additional tickets may be provided (1 each) to Elected Officials with retirees to be recognized, program sponsors, and special guests invited by the Administrator. Dinner tickets will also be available for purchase by family members, former retirees, and other guests of employees being recognized. Section 600.005 Administration and Budget • Human Resources will budget the funds and manage EIAP program each year. The EOM/EOY program will be administered primarily by the Employee Recognition Committee. Any amendments to this policy will be coordinated through the HR department and the Administrator. • Refunds received by Augusta, Georgia's Human Resources Depaitment from AFLAC in the amount of 2% of premiums collected for servicing their account will be the primary funding source for the EIAP. The purchase of awards, recognition items, and other activities (e.g. luncheons, dinners, catering, etc) that support the morale and welfare of employees will be funded exclusively through the refunds provided to HR by AFLAC or other appropriate vendors and any other money received through sale of recognition items (e.g. sale of service award pins to employees) or funds donated by other vendors for this purpose. • This EIAP Fund will be used exclusively by the Augusta, Georgia HR Director to cover the cost of administering this program. All Rights Reserved 121 ( P a g e CHAPTER VII. DRESS CODE AND PERSONAL APPEARANCE Section 700.001 Professional Dress and Appearance Employees of Augusta, Georgia shall dress in a manner that reflects an efficient, orderly, and professional government. Personal appearance and dress attire shall be professional and in good taste for our government environment, which fosters a positive public image of the organization. Generally speaking, all clothing shall be conservative by design. Section 700.002 Clothing Restrictions Dresses and Skirts - Dresses and skirts must reach at least 3 inches in length above the knee. Denim dresses and skirts are acceptable if they adhere to the 3 inch length requirement. Dresses with slits on the front or the side shall not be worn with slits that are more than 5 inches above the knee. Jeans, Shorts, Wind suits, and Sweatpants - No shorts, sweatpants, wind suits, or denim jeans may be worn. Shoes - No flip -flops or tennis shoes may be worn. T- shirts, Tank Tops, and Sweatshirts - No t- shirts, tank tops or sweatshirts may be worn with or without writing or advertisements on them. EXCEPTIONS — Department Directors may provide limited exceptions based on the work environment where the job is performed. Each Department Director will advise employees if EXCEPTIONS are applicable to their position. Section 700.003 Uniforms The following departments are required to wear uniforms as specified by their department. The Department Directors will determine the specifications of the uniforms. Uniforms will be clean and maintained in a professional appearance with no tears. All uniforms will be serviceable and cleaned and maintained on a regular basis. The following departments are required to wear uniforms: • Public Safety • Utilities • Public Works • Transit • Trees and Landscape • Recreation • Engineering Services Augusta, Georgia will provide uniforms to employees who are required to wear them, and uniforms shall be worn at all times while on official duty. Uniforms are to be returned to Augusta, Georgia upon termination of employment. The Uniforms are to be returned to the department in which the employee works on the last day of his or her employment. All Rights Reserved 122 ( P a g e Section 700.004 General Prohibitions 1. Shirts will be tucked in and buttons will be buttoned. 2. Employees who perform outside work, such as maintenance, construction, and general labor are not permitted to remove their shirts at any time while performing their jobs. 3. Employees with uniforms where caps are part of the uniform shall wear the cap that is consistent with their uniform and not caps with advertisements, sports teams or logos, or other company names or logos. 4. No scarves or bandannas are permitted to be worn under an employee's cap. Section 700.005 Personal Grooming and Hygiene All employees are required to maintain good personal grooming and personal hygiene. Section 700.006 Policy Violations Violations of the dress code and personal appearance will be handled in accordance with the Disciplinary Policy. All Rights Reserved 123 1 P a g e CHAPTER VIII. EMPLOYMENT, RECORDS & HRIS Section 800.001 Authority of the Administrator The Administrator shall have final authority regarding all employment issues, but for those pertaining to department directors or employees who report directly to the Commission, including, but not limited to, hiring, firing, position classifications, discipline, and organization. Section 800.002 Nature of Employment Employment with Augusta, Georgia is at -will, meaning that the employee is free to resign at any time for any or no reason. Similarly, Augusta, Georgia may terminate the employment relationship at any time for any or no reason, with or without notice or cause, so long as there is no violation of applicable federal or state law. Policies set forth are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between Augusta, Georgia and any of its employees. The provisions have been developed at the discretion of management and, except for its policy of employment -at -will, may be amended or cancelled at any time, at Augusta, Georgia's sole discretion. Section 800.003 Nepotism Nepotism is defined as the bestowal of official favors on one's relatives, especially in hiring. Augusta, Georgia employees and officials subject to these policies and procedures are prohibited from engaging in Nepotism. Every candidate for employment must list on their employment application all persons that are related to them as defined by this section. Relative, for purposes of this section only, is defined as a spouse, parent, step - parent, parent -in -law, child, step - child, child -in -law, brother, brother -in- law, sister, sister -in -law, or persons living in the employee's household. (A)No relative, as defined in this section shall participate in the process of selecting, interviewing, hiring, promoting, demoting, evaluating or disciplining a relative. (B) No relative, as defined in this section, shall be placed, or remain in, a position where he or she is directly supervised, on a daily basis, by another relative. (C) An applicant for employment will not be hired when the position they would be placed in would cause him or her to either - 1) be directly supervised on a daily basis by another relative; or 2) directly supervise another relative on a daily basis. Department Directors are permitted to make reasonable adjustments to allow related persons to work together in their departments in accordance with the provisions of this section. However, Department Directors shall not be required to take unreasonable steps to permit the employment of related persons in their department. All Rights Reserved 124 ( P a g e Generational careers, such as fire suppression personnel and law enforcement, are excluded from the nepotism policy in order to allow multiple generations to work for Augusta, Georgia. Nothing in this section shall be construed to repeal or modify the Code of Ethics contained in AUGUSTA, GA, CODE §§1-1-20 through 1 -1 -26. Becoming Related During the Course of Employment If the situation occurs where an employee within a department marries or becomes related by marriage to another individual within the same department and one relative is in a position where he or she directly supervises the other relative on a daily basis, the Department Director and the two affected employees will have thirty (30) days to change the positions of one or both of the related employees such that they can both work in the same department without violating the nepotism policy. If this is not possible, then within sixty (60) days of the marriage date, the Director of Human Resources will evaluate the qualifications of the affected employee who was last hired to see if there is a comparable position available in another department. If no comparable position is found in another department within sixty (60) days of the marriage, or if a transfer is offered and declined by the employee, all continued rights of employment shall cease, and such employee will be separated. This policy will be applied in accordance with applicable state and federal law, and any employee who violates the policy will be subject to discipline up to, and including, termination. Section 800.004 Position Management Purpose The Position Management Program (PMP) is the formal system for identifying and defining positions in Augusta, Georgia to assure compliance with Augusta, Georgia's budget program and availability of funds. A position is a specific functional job within Augusta, Georgia. The PMP is divided into two distinct components. i) A unique position numbering system will provide controls for authorized and recognized positions. The unique number for each position will easily identify the Human Resources criteria of several programs critical to each position. ii) The PMP will provide a formal approval process for positions to be included in the budget program and a means for tracking the status of these positions in relationship to the availability of funds. Position Numbering and Control Each position in the Augusta, Georgia Classified Service will be assigned a Personnel Control Number (PCN). Utilizing a series of alpha- numeric fields, essential information unique to that position can be readily obtained. The PCN is divided into three basic subgroups - i) Position Identifier - This is the basic identifying sequence for the job position. It consists of four fields that will include the job classification code, the department and division to which it is assigned, and a sequence number. No two Position Identifiers will be the same. All Rights Reserved 125 I P age ii) Supplemental Data - The next section of the PCN is a series of fields which will allow Human Resources to identify the following - Exempt/Nonexempt as defined by the Fair Labor Standards Act Position control is a system of tracking information based upon positions rather than employees to create a framework of positions for all jobs within Augusta, Georgia without regard to whether or not they have an incumbent in a specific job. As incumbents grow and change jobs within Augusta, Georgia, their job title, salary and other attributes may change, but the position the incumbent was in will likely still exist and will be maintained. Position control will allow Augusta, Georgia to track the history of the position, track vacancies, and track positions filled with temporary and contract workers. The system will bridge the gap between typical employee information (HRIS) and position information (Budgets). Position Tracking Position tracking refers to a system of tracking information based upon a unique position ID number with the primary purpose of managing positions more precisely and thus enable more accurate monitoring of the approval process. Approved /funded positions will be tracked as authorized. Positions that are not approved/funded will be tracked as recognized. Recognized positions will be included on the official departmental organizational charts maintained by the Human Resources Department, and if future funding becomes available and approved, they may be moved to authorize status. The system can also track vacancies, over filling, under filling and full -time equivalents (FTE). Position titles will include the official title as approved by the approval process and the organization title (e.g., Equipment Operator II may be known in the department as Bush Hog Driver). Position Approval Process The approval process for hiring of all positions will be the Department Director, Human Resources Director, Finance, and the Administrator. i) Existing Authorized Positions - The Department Director shall forward a Personnel Action Form (PAF) to the Human Resources Department. Human Resources will verify that the salary is within guidelines and forward to OMB to verify funding. The verified PAF will then be forwarded to the Administrator for approval and returned to Human Resources for normal processing. ii) New Positions - The Department Director will forward a Position Description draft and a revised organizational chart to the Human Resources Department. This will document the concept of the position. The Classification/Compensation Administration will perform the job analysis, determine whether or not the position should be in the classified or unclassified, and assign a salary grade. The allocation request will then be forwarded to Finance and the Administrator for verification of funding and approval. (a) If funded and approved, the position will be placed into the employment process pursuant to the relevant Policies and Procedures. (b) If not funded or approved, the position will be marked as recognized and returned to the Classification/Compensation Section for recording prior to returning to the Department. Recognized positions will be suspended for possible future funding or future budget years. All Rights Reserved 1261 P a b e Administration The Human Resources Director shall have responsibility for the implementation and administration of the Position Management Program. Section 800.005 Vacant Positions Vacant positions may be filled by recruitment from inside and/or outside sources as determined appropriate in coordination with the selecting Department Director, Online Hiring Center (OHC) user or HR Liaison. While the substantial majority of job vacancies meet the criteria for posting, there are a few circumstances that do not warrant advertisement of positions. When a job posting is warranted, vacancies may also be advertised with the local employment commission, newspapers and electronic media, other government agencies, journals, private recruiting firms, colleges, professional and civic organizations, and other sources at the hiring department's expense. The department must complete a requisition form in NEOGOV to fill any vacancy. This form will include but is not limited to: a. Advertising Method (Area of consideration) i. Internal 1. Departmental 2. Divisional 3. All Employees ii. External 1. Open to the Public b. Working Hours and Location c. Safety Sensitive Position Status The requisition must undergo several stages of approval: a. The Director must certify that the requested position is funded. b. The HR Director or designee must authorize the advertisement of the position. After a requisition has been approved, an HR representative and the Departmental HR Liaison will review the most current version of the job description to determine if it needs to be updated or revised. The job description will provide valuable information to help screen for Minimally Qualified (MQ) and Highly Qualified (HQ) candidates. Questions from the principle duties and responsibilities, educational requirements, knowledge, skills and abilities will be used during the automated screening process. Additionally, an HR representative may contact the HR Liaison for supplementary information regarding the position to determine any "Selective Placement Factors" (SPF) such as specific certifications needed for optimal performance or job specific information (i.e. certified aluminum welder, advanced certification in excel, public speaking experience, or bilingual capabilities). To ensure that HR is recruiting qualified candidates for the opening, it is essential that the departmental liaison and HR staff communicate with each other regarding the posting and subsequent activities during the recruitment process. The hiring department has (48) hours to make any necessary updates to the job descriptions after the initial job description review. All changes to the job description must be approved by the HR Director. All Rights Reserved 127 P a g Section 800.006 Competitive Job Posting Process All positions must undergo every stage of approval by Wednesday to ensure advertising the following week. Any position that does not meet the Wednesday deadline will have their advertisement delayed by a minimum of one week. In order to advertise positions outside of the Augusta, Georgia Website, a fund site must be designated on the requisition form. Augusta, Georgia provides employees an opportunity to indicate their interest in open positions and advance within the organization according to their skills and experience. In general, notices of all full - time job openings are posted, although Augusta, Georgia reserves the right to not post a particular opening, as described in Section 800.010 herein Job posting is a way to inform employees of openings and to identify qualified and interested applicants who might not otherwise be known to the hiring manager. Other recruiting sources may also be used to fill open positions in the best interest of the organization. Job openings for the classified service will be posted on NEOGOV via Human Resources home page under employment opportunities and normally remain open for (5) five business days. Each job posting notice will include the dates of the posting period, job title, department, location, grade level, job summary, essential duties, and qualifications (required skills and abilities). To be eligible to apply for a posted job, employees must have performed competently for at least six (6) months in their current position. Employees who have received a written warning in the last twelve (12) months or are on a disciplinary probation or suspension are not eligible to apply for posted jobs. Eligible employees can only apply for those posted jobs for which they possess the required skills, competencies, and qualifications. An applicant's supervisor may be contacted to verify performance, skills, and attendance. Any staffing limitations or other circumstances that might affect a prospective transfer may also be discussed. To apply for an open position, employees should submit a job posting application via NEOGOV to the Human Resources Department listing job - related skills and accomplishments. It should also describe how their current experience with Augusta, Georgia and prior work experience and/or education qualifies them for the position. Augusta, Georgia recognizes the benefit of developmental experiences and encourages employees to talk with their supervisors about their career plans. Supervisors are encouraged to support employees' efforts to gain experience and advance within the organization. Section 800.007 Competitive Process Exceptions The following is the listing of special staffing situations that, with the recommendation of the Department Director (where appropriate) and concurrence of the Human Resources Director, may be exempted from the competitive job posting process - i) Reassignments or voluntary transfers at the same or lower grade level. Selecting officials may consider applicants for vacancies who are willing to accept vacancies at any time. ii) Management- directed reassignments at the same or lower grade level with no reduction in pay. All Rights Reserved 128 r a g e iii) Reorganizations and reductions in force that require reassignment of effected personnel to newly created or existing vacancies. iv) Position upgrades that are currently encumbered that result in reclassifications to a higher grade level as a result of job accretion. v) Internal promotions in an approved career ladder are similar to position upgrades (in "iv" above) and likewise do not require job postings. Section 800.008 Application Process The Human Resources Department shall provide the methods and means by which interested parties and current employees may apply for positions under recruitment. This process includes the use of automated employment system (NEOGOV) which allows applicants an opportunity to accurately reflect their education, training, previous work experience, knowledge, skills and abilities. The Human Resources Department will administer the process. An applicant must complete an online application and answer all supplemental questions in order to be considered for employment. Failure to answer the supplemental questions will result in disqualification of the applicant. The website address is www.augustaga.gov /index.aspx ?NID =717 . Applications will only be received while the position is open. Manual or hand written applications will not be accepted. Augusta, Georgia relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. Rejection of Applications - The Director of Human Resources or designee may reject an application that indicates that the applicant is deficient in any or all of the requirements as specified in the public announcement of the vacancy. An applicant may also be rejected for fraud or deception in the completion of the application, or if his or her past record of employment is determined to be unsatisfactory by the Director of Human Resources. Section 800.009 Applicant Screening Most positions, unless otherwise identified, will receive the referred list of minimally qualified applicants. When the referred list is received, interviews are at the discretion of the OHC manager. a. Basic Qualifications Human Resources will pre- screen applicants to determine if minimal qualifications are met. Any applicant that does not meet the minimal qualifications will not be forwarded to the hiring department. i. All "basically qualified" applicants will be forwarded to the hiring department on an "Applicant Referral List" (ARL). If an applicant does not appear on the ARL, they are not eligible for hire. All Rights Reserved 1291 P a g ii. If a selection cannot be made from the minimum qualification list, justification for this reason must be made via NEOGOV (viewable to the applicant) as to why the candidate was not selected. b. Highly Qualified Applicants Some positions may require knowledge, skills and abilities (KSA) examining for highly qualified candidates. Before advertising, HR and the Department Director or designee, will determine what qualifications are needed to be designated as highly qualified. Only applicants on the ARL are eligible for hire. I. If such screening is required, the top (10) highly qualified candidates will be referred to the hiring department. If less than (3) highly qualified candidates exist, all qualified candidates will be forwarded to the hiring department for consideration. II. If selection cannot be made from the initial top ten and there are remaining highly qualified candidates, the remaining list will be forwarded to the hiring department. III. If a selection cannot be made from the highly qualified list, justification for this reason must be made via NEOGOV (viewable to the applicant) as to why the candidate was not selected. IV. Only the HR Director can approve sending a new referral list of the "basically qualified" applicants if all highly qualified applicants are rejected. c. Referred List: Referred List will remain active for sixty (60) days, after which time the list will expire and the position must be re- advertised. Extensions may be granted on a case -by -case basis. d. Fire Department: As to the Fire Department, all applicants for Firefighter positions will be required to take a written examination and undergo agility and other physical tests as might be required by the Fire Department. Those applicants successfully completing said written examination and other tests will be placed on a list established and maintained by the Fire Department. Section 800.010 Qualifications and Requirements Qualifications are the education, experience, competencies, skills, abilities, knowledge, and other attributes determined most likely to predict successful job performance in a position or group of positions with similar requirements and levels of responsibilities. Acceptable background information and driving record, when required, are included in the attributes necessary to meet minimum qualifications. Documentation of education, certification and veteran status must be provided to Human Resources prior to employment. All positions in the classified service shall be open only to persons who meet such requirements as are listed on the public announcement of the vacancy. Such requirements may include but are not limited to the following factors - experience, education, and training. Applicants considered for employment /rehire will be screened for illegal drugs as a part of the employment process. Applicants will also be subject to a complete background and reference check by the Human Resources Department as well as review of any relationships prohibited by the nepotism policy. Applicants for Firefighter positions in the Fire Department will be required to meet such physical standards (including without limitation height and weight standards) as may be established by the Fire Department. (Such standards are set forth in the Augusta, Georgia Fire Department Operations Manual All Rights Reserved 130 P a g e (the "Manual ")). Applicants for Firefighter positions in the Fire Department will also be required to meet all standards and requirements of the State of Georgia for employment of Firefighters, including without limitation the "Employment Requirements" of the Georgia Firefighter Standards and Training Council. A copy of these requirements is maintained by both the Human Resources Department and the Fire Department and may be reviewed upon request. Applicants for Firefighter positions in the Fire Department will also be required to pass such written examinations, physical examinations, agility tests, and such other requirements as may be set forth in the section of the Manual entitled "Firefighter Qualifications." See also "Fire Fighter I — Recruitment Procedures" below. Section 800.011 Fire Fighter I — Recruitment Procedures Eligibility Requirements - To apply for the position of firefighter, you must - a) Be at least 18 years of age; b) Have a High school diploma or equivalent ; c) Have a valid driver's license and a good driving record; d) Have a honorable discharge, if any, from the military; and e) Meet the medical requirements set forth in NFPA 1582. Disqualifiers may include, but are not limited to, the following - a) Admission and/or conviction of a felony offense within the past (10) years; b) Admission and /or conviction of a misdemeanor involving moral turpitude; c) Admission, conviction, or positive test indicating illegal drug use within the past 12 months; d) Admission or conviction of the sale of drugs; e) Admission, conviction, or positive tests indicating certain drug use and/or patterns of drug use; f) Anything other than an honorable discharge from the military; g) Admission, conviction, or other evidence of a pattern of theft; or h) Admission or conviction of DUI (driving under the influence) within the last 5 years Hiring Procedures 1. Fire Department Interest Form - When not conducting active recruitment, interested persons may complete a "Job Interest Card ". These are available on the www.augustaga.gov /employment. 2. Applications - Persons who have completed interest forms are e- mailed a notification that they now need to complete an online employment application. Once recruitment is open, a position will be advertised for no less than 30 calendar days. 3. Entrance Exam - All applicants are scheduled to take the Entrance Examination. (The exam is a nationally validated examination.) This exam is based on general knowledge, measuring numerous abilities. A passing score is required to progress from the Entrance Exam to the Agility Test. The Entrance Examination will not be scored on the day of the test, notification will be sent to applicants advising their results as either passing or failure. 4. Background Check and Pre - employment Screening - Candidates must consent to a background examination. Candidates will be given a detailed background questionnaire packet at the Entrance Exam. This form is to be returned to Fire Administration as quickly as possible. All Rights Reserved iii ( P a g e 5. Agility Test - Candidate Physical Ability Test (CPAT) - All applicants who successfully complete the entrance exam will progress to the CPAT. A CPAT video will be made available to all applicants on the August website under Human Resources. Applicants will be provided the opportunity to practice the CPAT for a minimum of two weeks prior to the test date. Upon arriving for this test, applicants must sign a waiver to participate in the CPAT. With all forms submitted, the applicant is allowed to attempt the CPAT. Applicants are notified of their status (pass /fail) in this segment of the process before they leave the drill yard. 6. Acrophobia Test - All applicants who successfully complete the Entrance Exam and Agility Test will progress to an acrophobia test. The applicant must sign a waiver and acknowledge that they are not afraid of heights to participate in this exam. This exercise tests for fear of heights and leg and hand coordination. The applicant, with a life safety belt on, must climb the ladder to the top, without stopping and without placing both feet on the same rung at the same time, once at the top hook the safety snap ring around the second rung from the top of the ladder, lean back taking the slack out of the safety belt and clap the hands three (3) distinct and separate times over the head. Unhook the safety belt and descend the ladder to the bottom without stopping. MAXIMUM TIME - Five (5) Minutes . EQUIPMENT NEEDED - Applicant wears helmet, gloves and ladder belt. 7. Applicant Interview - Applicants who successfully complete all tests are scheduled for a structured interview before a five (5) member diverse panel to include women and minorities of various ranks from the Fire department. Human Resources and /or EEO will be present. 8. Candidates List - Candidates who obtain passing status on the Eligibility Exam, normally a score of 70 or better, and pass all other requirements are then placed on an eligibility list by grouping. The grouping is based upon total points from the exam, and the candidate interview in the following categories - 1. Highly Qualified "HQ" (Top 20% to include ties) 2. Basic "BQ" (Middle 60 %) 3. Minimally Qualified "MQ" (Bottom 20% to include ties) 9. Eligibility List - Candidates successfully moving beyond the background check will be placed on an eligibility list for consideration in hiring. This list may be used for consideration in selection for up to one year from the test date. 10. Applicant Referral list - Depending on the number of vacancies, a list of referred candidates will be forwarded to the Fire Department for hiring consideration. E.g., if the Fire Department has five vacancies, HR may refer the top 10 candidates in alphabetical order for selection. The applicants that are not selected will be returned to the eligibility list. 11. Conditional Offer of Employment - As the department needs to fill vacancies, candidates are scheduled from the eligibility list for a conditional offer of employment. The candidates are to be selected from the "HQ" list first. If there are less than (3) candidates on the "HQ" list, candidates can be considered from the "BQ" list. If there are less than (3) candidates on the `BQ" list, candidates may be considered from the "MQ" list or the position can be re- advertised. 12. Drug Test Screening - Within 24 hours of the conditional offer of employment, a drug- screening test must be conducted and provide negative results. 13. Post Offer /Pre - Employment Medical Examination - Selected candidates will be scheduled for a complete Firefighter pre - employment medical examination. A trained physician experienced in Firefighter medical exams will conduct this exam. These exams are conducted to meet the NFPA 1582 standard. This standard can be read in detail at the following internet site, www.nfpa.org. All Rights Reserved 132 P a b e 14. Employment - Firefighter must continue to meet the NFPA 1582 and NFPA 1001 standards and must successfully complete an annual physical and performance review. Firefighter will also be required annually to pass the minimum performance standards as adopted by the commission. Firefighters that do not meet these minimum requirements of the position will be subject to the Minimum Standards progressive discipline policy outlined below - 1. First failure will result in no punishment and the person will be re- tested in 30 days after the failure. 2. Second failure will result in a letter of reprimand placed in their personnel fire and the person will be re- tested in 30 days after the failure. If the person failing the test is a driver, that person will be suspended from their duties of driver until they pass the test. 3. Third failure will result in a 48 -hour suspension without pay from duty and the person will be re- tested in 30 days after returning to duty. 4. Fourth failure will result in termination. 15. Certification - Firefighter must receive the Intermediate EMT certification within 12 months of hire. Section 800.012 Veterans Preference The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) requires affirmative action provisions for veterans where federal contracts exist. If a department receives federal contracts, they are required to follow the Veterans Preference guidelines below. When interviews are conducted from the ARL, all eligible Veterans on the referred list must be given the opportunity for an interview. To receive preference, a veteran must have been discharged or released from active duty in the Armed Forces under honorable conditions (i.e., with an honorable or general discharge), as defined in 5 U.S.C. 2101(2). "Armed Forces" means the Army, Navy, Air Force, Marine Corps and Coast Guard. The veteran must also be eligible under one of the preference categories below. Military retirees at the rank of major, lieutenant commander, or higher are not eligible for preference in appointment unless they are disabled veterans. (This does not apply to Reservists who will not begin drawing military retired pay until age 60.) For non- disabled users, active duty for training by National Guard or Reserve soldiers does not qualify as "active duty" for preference. For disabled veterans, active duty includes training service in the Reserves or National Guard, per the Merit Systems Protection Board decision in Hesse v. Department of the Army, 104 M.S.P.R.647 (2007). For purposes of this chapter and 5 U.S.C. 2108, "war" means only those armed conflicts declared by Congress as war and includes World War II, which covers the period from December 7, 1941, to April 28, 1952. Below are preference categories - • During a war; or • During the period April 28, 1952 through July 1, 1955; or All Rights Reserved 133 1 P a g e • For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955 and before October 15, 1976; or • During the Gulf War from August 2, 1990 through January 2, 1992 (see Gulf War and Campaign Medal Holder Notes below); or • For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001 and ending on the date prescribed by Presidential proclamation or by law as the last day of Operation Iraqi Freedom; or • In a campaign or expedition for which a campaign medal has been authorized. Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for preference (see Campaign Medal Holder Note below). • *Campaign Medal Holder Note - A campaign medal holder or Gulf War veteran who originally enlisted after September 7, 1980, (or began active duty on or after October 14, 1982, and has not previously completed twenty -four (24) months of continuous active duty) must have served continuously for twenty -four (24) months or the full period called or ordered to active duty. The twenty -four (24) -month service requirement does not apply to eligible veterans separated for disability incurred or aggravated in the line of duty, or to veterans separated for hardship or other reasons under 10 U.S.C. 1171 or 1173. Gulf War Note *Gulf War Note - The Defense Authorization Act of Fiscal Year 1998 (Public Law 105 -85) of November 18, 1997, contains a provision (§1102 of Title XI) which accords Veterans' preference to everyone who served on active duty during the period beginning August 2, 1990, and ending January 2, 1992, provided, of course, the veteran is otherwise eligible. This means that anyone who served on active duty during the Gulf War, regardless of where or for how long, is entitled to preference if otherwise eligible (i.e., have been separated under honorable conditions and served continuously for a minimum of twenty -four (24) months or the full period for which called or ordered to active duty). Section 800.013 Interview Process The employment interview is part of the selection process. The primary function of the interview is to obtain data or to assess certain knowledge, skills, and abilities of a candidate not available through review of applications. Certain guidelines will be observed to maximize the validity and reliability of the interview process as well as ensure the adherence to current EEO requirements. It is highly recommended that the Interview Resource Guide for Managers be reviewed prior to any interview. All interview questions should be forwarded to the HR Employment Manager or designee prior to the interview for approval. When possible and practical, an HR representative should be on the interview panel. If the interview is for a supervisor, manager or director level position, a representative from the EEO office should be included on the panel as a non - interviewer. Under Veterans Preference, qualified applicants on the ARL will be given consideration for an interview if any interviews are conducted from the ARL. The interview panel will be selected by the hiring department. A minimum of three individuals must serve on the interview panel. The interview panel shall consist of personnel who have expertise with the _ elements of the position. In order to ensure objectivity and job knowledge, an incumbent of the position, the immediate supervisor and/or manager and the Director or designee should sit on the interview panel. All Rights Reserved 1341 P a g e Relatives or personal friends of the applicant will be excluded from the panel. Reasonable accommodations shall be made for disabled applicants to allow participation in the interview process. The Department Head or Supervisor in which the position vacancy exists shall be responsible for the development of interview questions and standards for measurement of candidate responses. These standards must be derived from the job description. Consistency will be maintained in the questions asked of all candidates. The questions must be job related and designed to measure job knowledge, experience, education, or to solicit responses that reflect those personal traits that are job related. Questions pertaining to protected categories such as race, sex, religion or marital status or other inquiries that directly or indirectly require disclosure of such information are prohibited. Any questions that would indirectly divulge an applicant's age, national origin, or other protected category shall be made in strict accordance with Law. The applicants selected for an interview must be notated in NEOGOV to include - • The date, time and locations of the interview; and • the interview panel. Only Human Resources can tender any job offer or pay commitment to the candidate(s). Section 800.014 Contingent Job Offer (CJO) /Tentative Job Offer After all interviews have been completed, review your interview notes, consult with the interview panel (if applicable), department /division director, etc. and select the most qualified person for the position. Upload your contingent decision into NEOGOV and notify HR. The tentative selection should be forwarded to the HR Department no later than the Monday prior to orientation. The following rules /procedures apply regarding salary offers — a. Salary offered at the minimum of salary range i. No additional action is required. b. Salary offered is within (10 )percent of the minimum salary range i. Written justification for the salary must be submitted by the Department Director to the HR Director for approval. c. Refer to Compensation Manual for salary offers that exceed (10) percent of the minimum salary range or up to (15) percent above current salary for promotions, whichever is less. Only the Human Resources Director or designee can make a contingent job offer. The Department Director or designee must notify HR of the selected Candidate and the recommended salary via NEOGOV. The HR department will send a conditional offer letter to the selected candidate and copy the Department Director. The HR Department will contact the applicant (typically, via telephone) and make a conditional offer of employment. This discussion should include the salary as well as any post -offer employment screening. If the conditional offer is accepted, HR provides the candidate with information regarding items needed /required that must be successfully completed before a final job offer can be made. Required information/actions can include — a. Completion of the I -9 form and appropriate identifying documentation; b. Names and Contact Information of two (2) references; c. Motor vehicle report (if required for the position being filled); d. Physical exam (if applicable); e. Drug test; All Rights Reserved 135 P a g e f. Background check authorization; and g. Education and/or Certification verifications. Section 800.015 Background Checks In the interest of public welfare and safety, some positions such as those in public safety, positions that include working with children, those responsible for handling money and other similar duties, require that applicants successfully complete background checks including, but not limited to, personal reference checks, criminal history, child abuse registry and credit history to ensure that the applicant's past conduct is compatible with the nature and requirements of the position under consideration. An applicant for a position that requires driving a vehicle shall provide a copy of his or her official Department of Motor Vehicles (DMV) record or shall authorize Augusta, Georgia to obtain a copy of the DMV record. The applicable department, in conjunction with the Human Resources Department, shall determine the positions and specific checks that will be utilized. In all cases, appropriate state and federal laws shall be followed. No reference check or background investigation will be conducted without first notifying the applicant of the investigation. The department is responsible for conducting reference checks on their employees. The Human Resources Department will conduct reference checks on all SES level employees. Section 800.016 Criminal History All individuals who are selected for employment to any position with Augusta, Georgia are required to undergo a criminal history record check. The existence of a conviction does not automatically disqualify an individual from employment with Augusta, Georgia. Relevant considerations may include, but are not limited to, the nature and number of the convictions, their dates, and the relationship or nexus that a conviction has to the duties and responsibilities of the position. Further, any employee or applicant whose criminal history record information shows a significant arrest or a pattern of recent arrests may be disqualified from employment until such time as the charge(s) is resolved. Individuals who have been convicted of a crime listed in this section, or any other offense committed outside of the State of Georgia that would have been considered one of these crimes if committed in Georgia, are disqualified from employment as indicated below. There is a mandatory disqualification from employment in positions subject to criminal history record checks for a minimum of five (5) years from the date of conviction, plea of nolo contendere, or release from incarceration or probation, whichever is later, for the following crimes — i) Murder or Felony Murder; ii) Attempted Murder; iii) Kidnapping; iv) Rape; v) Armed Robbery; vi) Robbery; vii) Cruelty to Children; viii) Sexual Offenses; ix) Aggravated Assault; x) Aggravated Battery; xi) Arson; All Rights Reserved 136 P a g e xii) Theft by taking (O.C.G.A. § 16 -8 -2), by deception (O.C.G.A. § 16 -8 -3) or by conversion (O.C.G.A. § 16 -8 -4); xiii) Forgery (in the first or second degree); and xiv) Acts of terrorism. The following minimum sanctions are to be imposed on applicants who have been convicted of a misdemeanor criminal drug offense - i) Disqualification from employment in any position for a period of two (2) years from the date of conviction for the first offense; and ii) Disqualification from employment in any position for a period of five (5) years from the most recent date of conviction for the second or subsequent offense. NOTE - For purposes of this disqualification, "conviction" does not include treatment under the Georgia First Offender Act or a plea of nolo contendere. Failure to disclose any misdemeanor or felony on the employment application could result in disqualification or termination. The following minimum sanctions are to be imposed on applicants when the position applied for requires the operation of an Augusta, Georgia vehicle - i) Disqualification if the applicant has convicted of a DUI in the past seven (7) years; and ii) Disqualification if the applicant has accrued more than ten (10) points on their license within the past seven (7) years. Section 800.017 Rejection If the applicant does not successfully pass all post -offer employment tests, the Department Director will be notified and required to make a decision of how to proceed. If the applicant does not accept the job, or if the applicant does not meet the hiring guidelines (i.e. physical, drug test, background check, etc.), HR contacts the HR Departmental Liaison to determine the next recruiting action (i.e. offer a higher salary, re -post the job, contact the alternate applicant and make a CJO, etc.). If an applicant fails a pre- employment drug screening, they will be barred from applying for one year. Section 800.018 Final Job Offer (FJO) After satisfactory completion of all requirements of the conditional job offer stage, a final job offer is made to the candidate. HR communicates with the candidate to determine the starting dates. After the starting date is determined, HR notifies the hiring depaitment and finalizes the information. To complete the hiring process, the department must mark all applicants as either hired or rejected. All Rights Reserved 137 P a g e Section 800.019 Appointments /Transfers All employees shall be employed upon the recommendation of the Department Director. 1) Initial Appointments - a) Types of Appointments - When initially hired, persons employed by Augusta, Georgia shall be given one of the following types of appointment. i) Probationary - A probationary appointment is an appointment to a position for a probationary period of twelve (12) months. An employee serving a probationary period may be discharged or returned to his or her previous position and shall not have the right to utilize the grievance and appeal procedure set forth in these policies. ii) Part -time - A part-time appointment is an appointment to a position which indicates the employee is to work on a continuing basis, but will work less than thirty (30) hours per week. Part-time employees are not eligible for any benefits. iii) Regular Appointments - An employee given an initial probationary appointment shall be given a regular appointment upon satisfactory completion of the probationary period 2) Extraordinary Appointments a) Temporary Appointment - Temporary appointments shall be utilized to replace regular employees who are temporarily absent from their duties or to provide extra assistance for short periods of time. Such appointments may be made from a referral list. The Department Director may make a temporary appointment through any means necessary to prevent a work stoppage or slowdown of work that is considered critical to the operations of Augusta, Georgia. The temporary appointee shall file an Augusta, Georgia application with the Human Resources Department. The duration of the temporary appointment shall be limited to no more than 1,000 hours. Upon completion of 999 work hours in one calendar year, the temporary appointment automatically ceases. The acceptance or refusal of a temporary appointment shall not affect an applicant's eligibility for a probationary or regular appointment. Any person so appointed shall be compensated at the appropriate rate for the classification to which the temporary position belongs. Upon recommendation by the Department Director and with the approval of the Human Resources Director, a temporary appointment may be compensated above the minimum of the pay grade. No other rights or benefits shall accrue to such person other than federal or state mandates. Temporary appointees shall not achieve regular status. In order to be considered for regular employment, a temporary appointee must update his or her application in the Human Resources Department. b) Term Appointment - Term appointments shall be utilized by the Departments of Augusta, Georgia to provide extra assistance for a period of six (6) months to two (2) years. Upon determining the need for assistance, the Department Director shall submit the Request for Temporary Employment Service form to the Human Resources Department. The position will be filled following procedures outlined in the Temporary and Term Employee Contract Procedures. (Refer to Appendix A, 13.2, Temporary and Term Employee Contract Procedures) All Rights Reserved 138 1 P a g e Leave may be accrued and used as provided in these Policies and Procedures. Holidays shall be the same as provided in these Policies and Procedures. No other rights or benefits shall accrue to such person other than state mandates. Term appointees shall not achieve regular status. c) Intermittent Appointment - Intermittent appointments shall be placed in established positions approved by Augusta, Georgia Board of Commissioners. Such appointment shall be made for a special project or need of a temporary or transitory nature. An intermittent appointee shall be called in as needed on a weekly or monthly basis. There are no rights or benefits accrued other than those required by federal or state laws. Intermittent appointees shall not achieve regular status. Upon recommendation by a Department Director and with the approval of the Human Resources Director, an intermittent appointment may be compensated above the minimum of the pay grade. d) Emergency Appointment - An emergency as used herein means an unforeseen condition that is likely to cause loss of life or damage to public property such as riots, hurricanes, tornadoes, floods or other disasters, or situations that require the employment of additional personnel without delay. The filling of normal vacancies or replacement of regular personnel shall not be classified as an emergency. When an emergency arises which requires the immediate services of one or more persons and it is not possible to immediately secure such persons from an appropriate referral list, and based on prior approval of the Administrator, the Department Director may appoint such person(s) without regard to other provisions of these Policies and Procedures governing appointments. Such appointments shall be limited to the period of the emergency and shall not entitle the appointee to any rights or benefits under the provisions these Policies and Procedures. The Human Resources Department shall be immediately advised of every appointment made under the provisions of these Policies and Procedures. e) Grant - funded Appointment - Grant - funded appointments are defined as appointments to temporary positions created and funded under federal, state or other grant agreements. Persons appointed under this procedure may also be participants of programs designed to benefit unemployed or underemployed persons. Administrative staff positions of the grant program shall be employed through regular application and referral list procedures and may also be designated as grant- funded appointments. Persons who are physically or mentally challenged may also be appointed under this procedure by special agreements or grants arranged through state or federal vocational rehabilitation agencies. Any person receiving a grant- funded appointment shall be informed as to the terms and conditions of the appointment, the grant, and /or agreements relating to the appointment. The employment of such persons shall be terminated either upon expiration of the grant or as planned in any other form of agreement. There are no layoff rights. All benefits and pay are subject to the availability of funds as provided for in the grant agreement. i) No rate of pay shall be higher than rates paid to employees similarly employed. ii) Leaves may be accrued and taken if provided for within the grant agreement but not in excess of that which is provided for under these Policies and Procedures. iii) Holidays shall be the same as provided in these Policies and Procedures. All Rights Reserved 1391P a g e iv) All other benefits shall be those set forth in the grant or the special agreements in compliance with applicable laws and regulations governing such. v) Position creation, classification or reclassification, and pay grade assignments may be accomplished in order to accommodate special grants or agreements made through federal and state vocational agencies in conjunction with the efforts to carry out vocational rehabilitation programs for challenged persons. g) Student Appointment A student is defined as an employee who is currently enrolled as a full - time or part-time student or certifies intent to enroll the next term in an accredited secondary school, college, vocational school or university. Employment shall be limited to 1400 hours in any twelve (12) month period starting with the student's beginning date of employment. No other rights or benefits shall accrue to such person while serving in a student appointment. The Department Director may nominate a person to fill the position. The appointee under consideration shall file an application with the Human Resources Department. If such person's qualifications are certified by the Human Resources Department as meeting the minimum qualifications for the position, the Human Resources Department will prepare and deliver the conditional job offer to the candidate. Upon request of the Human Resources Department, the student shall submit documentation of student status to be eligible for continued employment. h) Private Sector Temp - Persons employed by an outside agency and contracted out for a duration of time. Human Resources will coordinate the process between the department and the staffing agency. 4) Promotions and Transfers - It shall be the policy of Augusta, Georgia to fill vacancies in the classified service, as far as practicable, by promotion of existing employees. To this end, closed examinations may be held at the call and under the direction of the Director of Human Resources. a) Political or Partisan Endorsement Prohibited - Promotions to positions in the classified service shall be based upon job performance and qualification for promotion only. No consideration shall be given to political or partisan endorsement. b) Intra - Departmental Transfers - The appropriate department director may, at any time, transfer an employee in the classified service under his or her jurisdiction from one position to another in the same class in the same department. An intra - departmental transfer of an employee to a position in another class shall be made only between classes within the same pay ranges. The Human Resources Department shall be notified of such changes in assignment. c) Inter - Departmental Transfers - _ A transfer of an employee from one department to another shall require the approval of both department heads concerned. Requests for such transfer shall explain how the employee concerned meets the qualification requirements of the class to which the transfer is proposed. d) Promotional Examinations - The Director of Human Resources shall conduct competitive promotional examinations in accordance with these policies and procedures. In competitive promotional examinations, the Director of Human Resources shall admit only those employees to the examination who meet the published qualification requirements. All Rights Reserved 1401 P a g e e) Illegal Substances Screening - Any employee considered for promotion and/or transfer to a safety- sensitive position will be required to pass an illegal substances screening prior to being awarded such promotion and/or transfer. f) Promotion and Transfer Probation - Individuals promoted, advanced, or transferred will serve on a probationary basis for twelve (12) months from the effective date of promotion or transfer. If, during the probation period, it is determined that the individual cannot adequately perform the position, that employee will be returned to his or her previous position if that position has not been filled. If that position has been filled, the employee will be placed in another available vacant position for which he or she is qualified. If no positions are available, the employee will be laid off. Section 800.020 Probation Periods No employee shall have a property interest in his or her position during any probationary period. During any probationary period, the employee may be terminated or returned to his or her previous position without notice. a) Duration - The probationary period shall be twelve (12) months in duration. b) Promotional and Transfer Probation - The probationary period shall be used in connection with promotions in the same manner as it is used for new hires. c) Interruption of Probationary Period - If an employee is laid off during a probationary period and such person is subsequently re- appointed in the same department, he or she may be given credit for the portion of the probationary period completed before they are laid off. d) Probationary Period Reports - Probationary performance evaluations are conducted by the employee's immediate supervisor or Department Director. Probationary employees will be evaluated quarterly during the probationary period. The Department Director shall notify Human Resources in writing as to whether or not the employee successfully completes their probationary period. e) Extension of Probationary Period - If a new, promoted, or transferred employee is performing marginally or appears unsuited to the job, the Department Director should discuss the situation with the HR Director before the expiration of the probationary period. The probationary period may be extended initially for up to ninety (90) additional calendar days with the approval of the HR Director. An additional ninety day extension may be granted at the request of the Department Director in writing prior to the end of the original ninety (90) day period, specifying the reason for the request. The employee must be advised of each extension and the reason(s) for it. Section 800.021 New Employee Orientation All new hires are required to attend a mandatory (2) day New Employee Orientation class prior to reporting to their department. New employee orientation is conducted the first Monday of a pay period at the designated location. The first day of this program begins at 8:00 AM and concludes at approximately 5:00 PM. The second day will begin at 9:00 AM and conclude at approximately 12:00 PM. HR will notify new employees of the date that they will be attending orientation and will provide directions, if needed. All Rights Reserved 1411 P a g e The Human Resources Department tracks orientation attendance. Departments will be notified by a memorandum from the HR Director if employees fail to complete the orientation in the time frame indicated. Section 800.022 Immigration Law Compliance Augusta, Georgia is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. 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. Within three days of the new hire employment date, and upon completion of Form I -9, Human Resources will submit a request through the E -Verify Employment Eligibility Verification system. Human Resources will immediately receive notice if the employee has received 1) Employment Authorization, 2) SSA Tentative Non - confirmation, or 3) DHS Verification in Process notice. The State of Georgia, in conjunction with Homeland Security, implemented this employment eligibility requirement July, 2007. Employees with questions or seeking more information on immigration law issues are encouraged to contact the Employment Manager. Employees may raise questions or complaints about immigration law compliance without fear of reprisal. Section 800.023 Conflicts of Interest Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which Augusta, Georgia wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the Human Resources Director for more information or questions about conflicts of interest. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of Augusta, Georgia's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. Transactions with outside firms must be conducted within a framework established and controlled by the executive level of Augusta, Georgia. Business dealings with outside firms should not result in unusual gains for those firms. Unusual gain refers to bribes, product bonuses, special fringe benefits, unusual price breaks /increases, and other windfalls designed to ultimately benefit the employer, the employee, or both. Promotional plans that could be interpreted to involve unusual gain require specific executive -level approval. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose to an officer of Augusta, Georgia as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. All Rights Reserved 142 1 P a g e Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which Augusta, Georgia does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving Augusta, Georgia. Section 800.024 Outside Employment An employee may hold a job with another organization as long as he or she satisfactorily performs his or her job responsibilities with Augusta, Georgia. All employees will be judged by the same performance standards and will be subject to Augusta, Georgia's scheduling demands, regardless of any existing outside work requirements. All outside employment must be approved in advance by the requesting employee's Department Director or Administrator. The request must include a description of the business for which the employee plans to work and the hours the employee plans to work. If Augusta, Georgia determines that an employee's outside work interferes with performance or the ability to meet the requirements of Augusta, Georgia, as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain employed with Georgia Augusta, Georgia. If the employee's performance does not improve and/or the employee refuses to cease performing outside employment, the employee may be subject to discipline up to and including termination. Outside employment will present a conflict of interest if it has an adverse impact on Augusta, Georgia. Outside employment shall not occur during the employee's regular or assigned working hours unless the employee is either on vacation or compensatory leave. Section 800.025 Political Activities A. Prohibited Activities during Working Hours. An Employee shall be subject to discipline up to and including immediate dismissal for violation of these provisions — 1) No Employee of Augusta, Georgia shall, while on duty - a) Request or solicit contributions or anything of value for any political candidate or cause; b) participate in any political campaign by speaking in favor of any candidate or cause; c) distribute literature; d) picket or demonstrate on behalf of or in opposition to any political candidate or cause; e) make telephone calls in support of any candidate or cause; or f) organize, plan, or in any other way participate in the administration or carrying on of any political campaign. 2) No employee or volunteer of Augusta, Georgia shall, while on duty, while in the uniform of Augusta, Georgia, or while in or operating any Augusta, Georgia vehicle display any badge, button, sign or sticker promoting or opposing any political cause or candidate. 3) No employee of Augusta, Georgia shall use public funds, property, or any other instrumentality or thing of value belonging to Augusta, Georgia to promote or oppose any political cause or candidate. 4) Nothing in this policy shall be interpreted to prohibit an Employee — All Rights Reserved 1431 P a g a) From stating any opinion regarding any political issue or cause in ordinary conversation during working hours providing that such a conversation does not interfere with the Employee's assigned job duties and is not repeated numerous times so as to become campaigning rather than casual ordinary conversation. b) From supporting any political cause or candidate during non - working hours. B. Coercion/Intimidation of Public Employees. No officer or employee of Augusta, Georgia shall use his or her public office or employment for the purpose of or with the effect of — 1. Coercing or intimidating any Augusta, Georgia employee with respect to contributing to, opposing, promoting, or refraining from contributing to, opposing or promoting any political cause of or candidate. 2. Obtaining a benefit as a result of any political activity by intentionally committing an unauthorized act under color of law or intentionally refraining from performing a duty imposed upon him or her by law. C. Illegal Political Activities. No officer or employee of Augusta, Georgia shall engage in any political activity that is prohibited under federal or state law. Any person engaging in such an activity shall be subject to disciplinary action, up to and including dismissal. The following list of activities is not exhaustive and is included for illustrative purposes only. Any illegal activity which is prohibited by federal or state law but which fails to appear on this list is hereby incorporated by reference. No officer or employee shall - 1. Engage in any of the following activities within 150 feet of a polling place: a) Electioneering; b) Circulating cards or handbills; c) Soliciting signatures; d) Interfering with voting or the administration of the polling place; or e) Conducting an exit or public opinion poll. 2. Obstruct or prevent access to a polling place. 3. Remove a ballot from a polling place or solicit a voter to show his or her ballot. 4. Attempt to intimidate, influence, or bribe a voter by menace, force, threat, or corrupt means. 5. Directly or indirectly offer a bribe or reward to induce a voter to vote for or against a person or proposition. 6. Attempt to influence a voter to vote or not to vote, directly or indirectly, by menace or corrupt means. 7. Hinder, disturb, persuade, threaten, or intimidate any person from giving his or her vote. 8. Knowingly and willfully make a false assertion or propagate a false report concerning a candidate which has a tendency to prevent his or her election. All Rights Reserved 144 P a € e D. Conflicts of Interest. If any Augusta, Georgia employee seeks or accepts appointment or election to any public office that when the seeking or holding of such office would be incompatible or would substantially interfere with the discharge of his or her duties as an Employee of Augusta, Georgia, such employee shall request a leave of absence without pay while seeking such office and resign employment with Augusta, Georgia if such office is obtained. Section 800.026 Employee Separation and Termination Types of Termination 1) Job Abandonment. An Employee not on an authorized leave of absence who, without valid reason, fails to report for work for three (3) consecutive days will be considered to have voluntarily resigned from the service of Augusta, Georgia. 2) Voluntary Resignation. A voluntary resignation for any reason other than . formal retirement. An Employee wanting to leave August, Georgia in good standing shall provide a written resignation to his or her immediate supervisor at least fourteen (14) calendar days prior to the effective date of resignation. The resignation letter should include the reason for leaving as well as the proposed effective date. Two weeks' notice is understood to mean that the resigning Employee will be available for work during this time. Exceptions to the time limit requirement may be granted by the Department Director. 3) Involuntary discharge or dismissal. Termination of a regular employee by Augusta, Georgia for just cause and shall be governed by the provisions of these policies and procedures as hereinafter set forth. 4) Probationary Termination. Discharge of an employee for any reason or no reason so long as such discharge does not violate any federal or state law during the established probationary period. 5) Layoff/Reduction in Force (RIF). Involuntary separation of an employee by Augusta, Georgia for shortage of funds or work, abolishment of the position, material changes in the duties or organization, or related reasons beyond the employee's control which do not reflect dissatisfaction with the service of the employee. The duties previously performed by any laid -off employee may be reassigned to other employees holding positions in appropriate classes. 6) Loss of Job Requirements. Any employee who fails to obtain or ceases to hold a special license or other special requirement necessary to perform the job he /she performs or is intended to perform shall be laid off until such license or special requirement is obtained. The license or special requirement shall be obtained within the specified period of time designated by the employee's Department Director or the employee shall be dismissed. 7) Disability Retirement. An employee will notify his or her immediate Supervisor of resignation due to disability. A disability is an inability to perform the functions of a job due to injury, illness, disease, or a medical condition that makes the employee's continuance on the job a danger to himself/herself or to others. Medical documentation from a licensed doctor or medical facility stating the Employee is totally disabled to perform his or her job must be provided by the retiring employee to the Human Resources Department. All Rights Reserved 1451 P a g e 8) Retirement. Any Employee may retire by voluntarily separating employment with Augusta, Georgia coupled with a statement by the Employee that he /she is retiring in accordance with their retirement plan. Section 800.027 Layoff/Reduction in Force (RIF) Employee Selection Any involuntary separation not related to an employee's conduct shall constitute a lay -off or reduction in force (RIF). 1) Reasons for Layoff - Any employee may be laid off because of shortage of funds or work, abolishment of the position, material changes in the employee's job duties or organization of the employee's department, economic conditions or related reasons beyond the employer's or the employee's control which do not reflect dissatisfaction with the service of the Employee. The duties previously performed by any laid -off employee may be reassigned to other employees holding positions in appropriate classes. 2) Notice to Department Director - Whenever the lay -off of any employee shall become necessary, the Augusta, Georgia Commission shall direct the Administrator to and the Administrator shall notify the Department Director at least sixty (60) days in advance of the intended action of the ) calendar da Y necessity for such lay -off and the reasons therefore. The Department Director shall there upon furnish to the Director of Human Resources the names and job titles of the employees to be laid off, the reason each person was selected, and the order in which such layoff shall be effected. 3) Order of Layoff - Should it become necessary to reduce the number of employees within a given class in any department, such employees shall be laid off on the basis of the following three factors to be weighted equally - length of service in class, length of service with the government, and performance g q Y � � � g � P evaluations for the last three years. 4) Special Cases - Should a Department Director determine that the retention of a certain employee is essential to the effective operation f e of the fact that such employee o the department because possesses p special skills or ability, and should the Department Director wish to retain such employee in Director shall submit a written request to another with a higher rating, then the Department Directo s a q to the Director of Human Resources. Such notification shall set forth in detail the specific skills and abilities possessed by the employee and the reasons why such employee is essential to the effective operation of the department. With the approval of the Administrator, the individual may be retained. 5) Notice to Employees - Regular employees to be laid off shall be notified in writing by the Director of Human Resources at 60 calendar days prior to the effective date of the layoff. Layoff Status Employees shall be recalled in the reverse order of their layoff, but they shall retain their eligibility to be placed on the Reemployment Priority List (RPL) for that class in their former department or for higher classes. Employees who are on layoff, if assigned to the same or a higher class than that class previously held, shall lose all recall rights to the position vacated because of the layoff and shall have their names removed from the Reemployment Priority List if they refuse to accept an offered position. All Rights Reserved 1461 P a g e Recall Employees laid off or demoted because of a layoff shall be recalled from layoff or demotion from the RPL for which they have qualified on the basis of their seniority when positions in those classes become available. However, such recall rights shall not extend beyond two (2) years from the effective date of layoff or demotion. If employees refuse to accept those positions affected, they shall lose all rights to those positions. An employee not re- employed within two (2) year from the effective date of such layoff shall lose all recall rights. Bridging of Service For any layoff not exceeding a one (1) year period, those regular employees will be given an adjusted service computation date (SCD) to adjust for the period of layoff upon their reinstatement. Section 800.028 Employee Exit Interview Prior to the last day of employment, the Supervisor or employee should schedule an appointment to conduct an exit interview with the Human Resources Department prior to the last day of employment. Temporary employees do not participate in the Exit Interview process unless information can be gained which will improve or enhance present employment conditions. 1) The Exit Interview shall be maintained separately from the Employee's official personnel file. 2) The Human Resources Department is notified of the Employee's separation date via department memo or Employee letter of resignation. 3) Employees shall receive pay for work performed through the last hour worked and for unused benefits as stipulated by policy and laws governing such payments. 4) Termination pay shall be reduced by any authorized legal deductions, credit union, United Way, and any other amounts specifically agreed upon orally or in writing by the Employee and Augusta, Georgia. 5) All Augusta, Georgia property must be returned before the final paycheck is given to the Employee. The terminating Employee is responsible for ensuring all paperwork has been completed. Failure by the terminating Employee to properly exit may result in delay of receipt of the final paycheck. 6) The official date of termination will be the last full day the Employee reports for work. 7) Benefits continue according to the benefits deduction schedule. A benefits representative will discuss options to continue medical, life, dental and supplemental products after termination of employment. 8) Forms to request Retirement or Deferred Compensation refunds, if any, are available in the Human Resources Department or on vendor website. 9) All claims for unemployment compensation as filed by a terminating Employee shall be processed by the Human Resources Department. Requests for information about unemployment All Rights Reserved 1471 P a g e compensation should be forwarded to the Human Resources Department immediately to avoid unauthorized charges against Augusta, Georgia's account. Section 800.029 Personal Information and Personnel Records Confidentiality - Subject to the provisions of the Georgia Open Records Act (O.C.G.A.50- 18 -70) and other federal and laws, employee personnel records covered under these policies and procedures and all other records and materials relating to the administration of the personnel system shall be considered confidential and the property of Augusta, Georgia. Information that is obtained in the course of official duties shall not be released by an employee charged with this responsibility as part of official duties except as required by law. Personnel Transactions - All appointments, separations, and other personnel transactions shall be recorded on forms provided by the Human Resources Department. A separate file folder shall be prepared and maintained for each employee and shall contain the original or a copy of all pertinent documents. All medical information shall be maintained separately from the employee personnel files and kept confidential. Public Inspection - All personnel records shall be subject to public inspections as required by the Georgia Open Records Act and other federal and state laws. The following information relative to employees and former employees shall be accessible to the Human Resources Director, the Board of Commissioners, the Department Director(s) and supervisor(s) concerned, the Civil Service Commission, and the employee involved: classification or job title and salary; selection records; and performance rating reports. Other personnel information may be made available for official purposes at the discretion of the Human Resources Director. Destruction of Records - Employee service records shall be kept in accordance with federal and state laws and regulations regarding retention schedules after termination of employment. Attendance Records - Regular attendance reports shall be prepared and submitted by each Department Director as required by the Director of Human Resources and in the form designate by the Director of Human Resources. Section 800.030 Access to Personnel Files Augusta, Georgia maintains a personnel file on each employee. The personnel file includes such information as the employee's job application, resume, records of training, documentation of performance appraisals, salary increases, and other employment records. Personnel files are the property of Augusta, Georgia, and access to the information they contain is restricted. Generally, only supervisors and management personnel of Augusta, Georgia who have a legitimate reason to review information in a file are allowed to do so. Employees who wish to review their own file should contact the Human Resources Department. With reasonable advance notice, employees may review their own personnel files in the Human Resources Department and in the presence of an individual appointed by Human Resources to maintain the files. All Rights Reserved 1481 P a g e Section 800.031 Employment Reference Checks The Human Resources Department will respond in writing only to those reference check inquiries that are submitted in writing. Responses to such inquiries will confirm only dates of employment, wage rates, and position(s) held. No other employment data will be released without a written authorization and release signed by the individual who is the subject of the inquiry. Section 800.032 Personnel Data Changes Personnel data is maintained by Human Resources in the HRIS. It is the responsibility of each employee to promptly notify the Human Resources Department of any changes in his or her personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishment, and other such status reports should be accurate and current at all times. If any personnel data has changed, the employee must notify the Human Resources Depai tinent, ATTN - Payroll Coordinator, within (72) hours of such change. Section 800.033 Smoking It is the policy of Augusta, Georgia to provide employees with a work environment that is both safe and healthy. Every prominent health study conducted during the past two decades has linked smoking with a variety of major health complaints. By the simple acknowledgment that smoking is both a recognized health hazard and is controllable, the adoption of a restricted smoking policy is a demonstration by Augusta, Georgia of a commitment to the well being of the employee. Therefore, in an effort to provide a more healthful work environment, Augusta, Georgia has implemented the following policy regarding restricted smoking in the work place of all Augusta, Georgia employees: • No smoking is permitted in any Augusta, Georgia building or facility. Smoking outside of the building in designated areas to be at least ten (10) feet away from any access door will be allowed as long as trash receptacles are consistently used and areas are kept thoroughly clean. • It is the responsibility of all employees of Augusta, Georgia to adhere to strict enforcement of this restricted smoking policy. All supervisors are responsible for enforcing this policy in their areas of responsibility. • Employees are encouraged to assist in the implementation of this policy by informing the visiting public of smoking restrictions and providing directions to designated smoking - permitted areas outside your building. Any noncompliance with this smoking policy by employees may be grounds for disciplinary action. Section 800.034 Polygraph This policy is to be followed in the utilization of polygraph examinations whenever they are used as part of an investigation of alleged impropriety or misconduct by officers, employees, or agents of Augusta, Georgia. All Augusta, Georgia employees or agents are required to cooperate with supervisors and investigators in the process of conducting investigations of, incidents of, and reports alleging impropriety or misconduct on the part of any officer, employee, or agent including, but not limited to, the providing of written or oral testimony under oath and submission to an examination by polygraph. All Rights Reserved 1491 P a g e Supervisory personnel investigating impropriety or misconduct by employees, investigators employed by Augusta, Georgia Commission, or investigative agents of other organizations and agencies specifically approved and commissioned to undertake and internal investigation of any Augusta, Georgia operated or funded activity, are authorized to employ polygraph examinations. Polygraph examinations may be administered to as few or as many employees as deemed necessary by the investigating personnel. Polygraph examinations may be administered only by persons employed as polygraph examiners by a law enforcement agency or by persons licensed by the Georgia Board of Polygraph Examiners or licensed in some other state to conduct such examinations. The questions asked in any polygraph examination must relate narrowly and directly to the subject's participation in the alleged impropriety or misconduct under investigation or to his or her knowledge of information pertaining to such impropriety or misconduct. Refusal of an order to submit to a polygraph examination under the circumstances covered in this policy shall be considered to be refusal to follow a direct order and shall constitute cause for initiation of adverse action based upon insubordination. Section 800.035 Workplace Violence Augusta, Georgia is committed to providing a safe environment for working and conducting business. Augusta, Georgia will not tolerate acts of violence committed by Augusta, Georgia employees or members of the public on Augusta, Georgia property or between Augusta, Georgia employees whether or not on Augusta, Georgia property. Any unlawful violent actions committed by employees or members of the public while on Augusta, Georgia property or while using Augusta, Georgia facilities will be prosecuted as appropriate. Augusta, Georgia intends to use reasonable legal, administrative, and disciplinary procedures to secure the workplace from violence and to reasonably protect employees and members of the public. Augusta, Georgia remains committed to maintaining a work environment that is free of violence or intimidation. In keeping with this strong commitment, Augusta, Georgia will not tolerate any violence or threats against employees by anyone, including any supervisors, coworkers, vendors, clients, customers, or visitors. THREATS OR ACTS OF VIOLENCE "Threats or acts of violence" include (but are not limited to) behavior or actions that a reasonable person would perceive as a threat against oneself, another person, or property. Actions or behavior that are sufficiently severe, offensive, or intimidating and/or alters employment conditions will be subject to discipline up to and including termination. PROCEDURES FOR DEALING WITH THREATS OR ACTS OF VIOLENCE IN THE WORKPLACE When a threat or violent act occurs: 1. If the situation constitutes an emergency, CALL 911. If the situation constitutes an emergency and occurs in the Municipal Building, call the Marshal's Depallment at 821 -2368. After 911 or the Marshal's Department has been contacted, contact an immediate supervisor and the Risk Management Manager at 821 -2486. All Rights Reserved 150 P a g e 2. If the situation does not constitute an emergency, contact your immediate supervisor, the appropriate Department Director, and the Risk Management Manager. All reports of threats or violence will be evaluated immediately and appropriate action will be taken in order to protect the employee from further violence. Appropriate disciplinary action will be taken when it is determined that an Augusta, Georgia employee has committed an act of violence. Where Augusta, Georgia employees exhibit such behavior, Augusta, Georgia reserves the right, under the direction of the Director of Human Resources or the Risk Management Manager, to determine fitness for duty. [Employees may be suspended with or without pay pending this fitness for duty evaluation.] Where issues of employee safety are of concern, Department Directors and supervisors should evaluate the workplace and make appropriate recommendations regarding a reasonable response. Additionally, supervisors are encouraged to consult with the Risk Management Manager and /or Employee Assistance Program about appropriate resolution of instances of workplace violence. Each employee of Augusta, Georgia and every - person on Augusta, Georgia's property are encouraged to report threats or acts of physical violence of which he /she is aware. Workplace violence shall constitute a violation of Augusta, Georgia policies and procedures handbook. Violation by an employee of any provision of this policy may lead to disciplinary action (up to and including termination). Section 800.036 Cellular Phones A. Devices covered by this policy include cell phones, Blackberries, mobile phones, text pagers, two - way radios, and other wireless devices, whether owned by Augusta, Georgia or an employee (collectively referred to as "Devices "). B. During working hours, employees may not inappropriately use any Device for any inappropriate purpose, including, but not limited to: 1. Engaging in personal conversations; 2. Playing games; 3. Checking personal e-mail; and 4. Sending or receiving personal text messages. C. Employees may use personal Devices during breaks, lunch periods, or while otherwise on an "off duty" status only. Personal cell phone or text usage will only be allowed during working hours for bona fide personal and/or family medical emergencies. Personal cell phones may be used for urgent "work related" events where the use of a landline telephone is not possible or practical. D. The use of any camera or Device by an employee while on duty that may capture visual images without prior approval and specific written authorization of their immediate supervisor is prohibited. E. No employee is allowed to wear a personal "hands free cell head - phone ", including, but not limited to, Bluetooth devices, while on duty unless otherwise granted prior written approval from their immediate supervisor. F. The use of departmental issued Devices is authorized for official business and may be worn, as appropriate, on your person. All Rights Reserved 1511 P a b e G. While operating a vehicle, employees may not answer a Device unless and until they pull over in a safe spot (or let a passenger answer the call). If it is urgent, an employee may accept or return a call or text, provided that he /she remain parked off the roadway. An employee may not resume driving until the conversation is over. Employees may not make outgoing calls or respond to text messages or e -mails while driving. If an employee needs to place a call or respond to a text or e- mail, he /she must first pull over in a safe spot. H. Any employee found in violation of the policy will be subject to discipline, up to and including termination, in accordance with the discipline procedure. Section 800.037 Fitness- For -Duty Policy Augusta, Georgia endeavors to provide a safe and productive work environment for the benefit of all the employees and citizens of Augusta, Georgia. Staff are expected to manage their health in such a way that they can safety and affectively perform their essential job functions and to discuss with their supervisor any circumstances that may impact their ability to do so. Augusta, Georgia may require professional evaluation of an employee's physical or mental capabilities to determine his or her ability to perform essential job functions. Such evaluations are conducted by an independent, third -party licensed health professional and are undertaken only after careful review of Augusta, Georgia Human Resources. To the extent possible, Augusta, Georgia will protect the confidentiality of the evaluation and results. Human Resources will: • Review the circumstances that led to the referral for an evaluation; • Determine whether or not a fitness- for -duty evaluation is necessary; • Select the health care professional who will perform the evaluation; • Notify the employee in writing if an evaluation is deemed necessary; and • Review results and determine what, if any, action is appropriate. If the evaluation by a health care professional concludes that the employee is not able to perform the essential functions of his or her position, Human Resources will work with the employee and employing department to determine if there is a reasonable accommodation that will allow the employee to continue working. If an appropriate accommodation cannot be made, other options (for example, placing the employee of leave or termination of employment) may be considered and will be communicated to the employee by Human Resources. This evaluation process is for only those situations where reliable observations indicate that the employee may not be physically or mentally able to perform the essential functions of his or her position due to a physical or mental condition. It is not intended to be a substitute for sick or medical leave requests, workers' compensation claims, allegations of violence in the workplace, situations where there is an immediate threat of harm or for performance management or disciplinary processes. Supervisors should continue to address performance problems through the implementation of corrective or disciplinary action as appropriate. All Rights Reserved 152 ( P a g e Related Polices and Resources Work- Related Injuries or Illness All matters relating to job - related illness or injury must be referred to the Risk Management office. This includes, but is not limited to, benefits eligibility, medical certifications, the length of leave, return to work, and accommodation for return to work. Section 800.038 Fitness- For -Duty Procedures If, by observation of an employee's behavior or by receipt of reliable information, Augusta, Georgia has reason to believe that an employee may lack the ability to perform the essential functions of his or her position due to a physical or mental condition, the following steps will be taken: 1. The supervisor or other appropriate department personnel will provide Human Resources with detailed information regarding the reason for and circumstances leading up to the fitness - for -duty referral, including information on essential job functions, evidence of the employee's inability to perform those functions effectively, and any attempts at resolving the matter. 2. The Director of Human Resources (or his/her designee) will review the information provided in the referral, along with a current job description of the essential functions of the employee's position. If it is determined that a fitness- for -duty evaluation is necessary, the Director or designee will send the employee a letter indicating the need for a fitness - for -duty evaluation, the fitness- for -duty evaluation form, the current job description, and authorization for release patient medical information. 3. Human Resources will determine the independent, third -party, licensed health care professional who will perform the evaluation, which may be the employee's personal health care professional. 4. Failure on the employee's part to comply with a scheduled fitness- for -duty evaluation may constitute insubordination and be cause for disciplinary action, up to and including termination. 5. If Human Resources picks a health care professional other than the employee's personal health care professional, all costs of the health care services performed by the health care professional as part of the evaluation will be paid by Human Resources. 6. If Human Resources deems it necessary, the employee may be placed on temporary, paid Administrative Leave until the evaluation is completed. 7. The employee will be requested to sign a voluntary written authorization allowing the health care professional to provide certain information obtained through the evaluation to Augusta, Georgia. If no authorization is executed, Augusta, Georgia may nevertheless obtain a description of the functional limitations of the employee that may limit the employee's ability to perform the essential functions of his or her position, but no statement of medical cause may be disclosed. 8. Insofar as feasible, the results of the evaluation will be treated as confidential, kept in a separate file within Human Resources, and the minimum necessary information will be shared only with those who need to know the results for legitimate business purposes. 9. If it is determined that the employee is not able to perform the essential functions of his or her position, Human Resources will attempt to determine if there is a reasonable accommodation that will allow the employee to continue working. If an appropriate accommodation cannot be made, other options will be identified and communicated to the employee. 10. If it appears that any functional limitations on the employee's ability to perform the essential functions of his or her position are the result of a work - related injury, the matter will be referred to Risk Management for the processing of a workers' compensation claim. 11. All action taken in carrying out this policy and these procedures will comply with federal and state laws, as well as Augusta, Georgia policies and procedures and applicable contract provisions. All Rights Reserved 153 Page e Evaluation and Results The fitness- for -duty evaluation will not be conducted for purposes of diagnosis or treatment, but rather for purposed of determining an employee's ability to perform the essential functions of the job. Human Resources will provide the employee with a description of the essential functions of the employee's position prior to the evaluation to be provided to the health care professional. Further, the employee will be required to provide truthful and accurate information regarding the maximum requirements of his or her position for evaluation by the health care professional. Human Resources will only ask the health care professional to release only that information as permitted under this policy or otherwise permitted or required by law. The health care professional will be requested to complete a written report containing only the following information: • A conclusion regarding the determination of fitness for duty; • A description of the nature and extent of any functional limitations on the employee's ability to perform his or her job; and • A description of the expected duration of each such functional limitation. Insofar as feasible, the results of the evaluation will be treated as confidential, and will be shared only with those who need to know the results for legitimate business purposes. However, where the employee has placed as issue his or her medical history, mental or physical condition, or treatment, relevant information may be used and disclosed by Augusta, Georgia in connection with such proceedings. Augusta, Georgia will make a decision regarding the employee's status, including but not limited to, the employee's return to work or the removal of the employee from any duties pending treatment and re- evaluation, depending upon the results of the evaluation and the recommendation of the health care professional. Any decision that results in an inability to accommodate an employee's medical condition will include, at a minimum, consultation with the Law Department. Section 800.039 Workplace Relationships Augusta, Georgia desires to avoid misunderstandings, actual or potential conflicts of interest, complaints of favoritism, possible claims of sexual harassment, and the employee morale and dissension problems that can potentially result from romantic relationships involving certain employees. Accordingly, it is unacceptable for a Director or supervisor to fraternize or become romantically involved with any employee in his or her direct line of reports. Additionally, Directors, supervisory and non - supervisory employees are prohibited from fraternizing or becoming romantically involved with other employees when, in the sole opinion of Augusta, Georgia, their personal relationship creates a conflict of interest, creates a negative or unprofessional work environment, or presents concerns regarding supervision, safety, security, or morale. Any employee involved in a relationship which violates this policy may be subject to discipline, up to and including termination. Employees who become involved in a workplace relationship are required to report such relationship to the Human Resources Department at the commencement of the relationship. If the situation occurs where an employee within a department enters into a workplace relationship with another individual within the same department and one person is in a position where he or she directly supervises the other person on a daily basis, the Department Director and the two affected employees will have thirty (30) days to change the positions of one or both of the involved employees such that they can both work in the same All Rights Reserved 1541 P a g department without violating the nepotism policy. If this is not possible, then within sixty (60) days of the commencement of the relationship, the Director of Human Resources will evaluate the qualifications of the affected employee who was last hired to see if there is a comparable position available in another department. If no comparable position is found in another department within sixty (60) days of the commencement of the relationship, or if a transfer is offered and declined by the employee, all continued rights of employment shall cease, and such employee will be separated. Employees who are aware of an unreported workplace relationship that violates this policy shall report such relationship to the Human Resources Department. All employees should also remember that Augusta, Georgia maintains a strict policy against unlawful harassment of any kind, including sexual harassment. Augusta, Georgia will vigorously enforce this policy consistently with all applicable federal, state, and local laws. Section 800.040 Elected Officials and Their Employees While applicants to positions under the jurisdiction of Augusta, Georgia elected officials and employees of Augusta, Georgia elected officials are not specifically covered under this Manual, unless such elected official has opted to the Manual on the Election Form by an Elected Official contained herein, they are covered by any applicable federal and state laws, including those governing equal opportunity and non- discrimination. If any applicant or employee of an Augusta, Georgia elected official desires to determine whether a particular elected official has opted into this Manual, they may do so by contacting the Augusta, Georgia Human Resources Department. All Rights Reserved 1551 P a g e CHAPTER IV. SUBSTANCE ABUSE A. GENERAL Section 900.001 Policy and Purpose A. In recognition of the continued and growing problem of substance abuse, it is the policy of the Augusta, Georgia to take all reasonable measures to assure that drug and/or alcohol use by employees does not jeopardize the safety of its operations or otherwise adversely affect Augusta, Georgia employees, the community, or the public's trust in its ability to carry out its responsibilities. B. Augusta, Georgia cannot and will not tolerate lapses in employee's ability to operate safely and productively. The policy of Augusta, Georgia is that if an employee required under this Policy to be tested for substance abuse either refuses or fails such test, the employee will be subject to disciplinary measures up to and including termination. C. The employees' cooperation with and adherence to the Augusta, Georgia's policies and procedures regarding substance abuse are conditions of their continued employment. If an employee violates or is insubordinate by refusing to cooperate with any of these policies and procedures, the employee is subject to disciplinary measures up to and including termination. D. This Chapter contains the Augusta, Georgia Substance Abuse Policy. The use of the term "Augusta ", in this document, refers to the Augusta, Georgia government. Augusta, Georgia will make a public announcement of this Policy. Employee training will be undertaken to ensure that each individual employee understands the Policy's requirements and his or her obligation to cooperate fully in the testing program. E. All references within this Policy to regulations, processes and procedures are available to any employee for review in the Risk Management Office located in Room 217, Municipal Building, 530 Greene Street, Augusta, Georgia 30911. F. Augusta, Georgia reserves the right to amend this Policy at any time, in its sole discretion, with 60 days' written notice to employees before implementation of the amendment(s). G. PRESCRIPT NOTE: Federal law requires testing of certain employees within transit systems and holders of Commercial Drivers Licenses (49 CFR Parts 40 & 655). The testing requirements and procedures for these employees may be different than for employees tested under authority of Augusta, Georgia. Where a requirement of this Policy differs as to regular and transit or CDL employees, such difference will be noted. From time to time Federal and State will update /revise their respective regulations. When such updates /revisions occur they will automatically become a part of this policy when they become Final Rule. Section 900.002 Policy Intent It is the intent of this policy to: A. Provide for a drug -free workplace; All Rights Reserved 156 P a g e B. Provide for the safety of employees, the department and the public; C. Detect and deter the misuse of drugs and alcohol by employees of Augusta, Georgia; and D. Comply with Federal, State and local regulations, policies or authority regarding substance abuse testing of employees. Section 900.003 References A. Federal Register. 49 CFR Part 40 (as amended): Procedures for Transportation Workplace Drug and Alcohol Testing Programs (Final Rule); B. Federal Register. 49 CFR Part 655 (amended 8/2001) (replaces 653/654): Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations; C. The Drug -Free Workplace Act, 1988 (PL 100 -690); D. Georgia Code Title 50, Chapter 24, Drug -Free Workplace; E. Federal Register, 49 CFR Part 382 (as amended); F. Controlled Substances and Alcohol Use and Testing (Federal Highway Administration, DOT). Section 900.004 Definitions A. Accident. For purposes of this Policy, "accident" means an occurrence or incident which results in a post- accident drug screen as outlined in Part 2.4 herein, including: 1. For regular employees: a. An incident involving a vehicle that has resulted in damage to property or physical injury to a person(s). This Section includes Transit employees and CDL Holders under the authority of Augusta, Georgia; and/or b. An occurrence or incident which results in the employee seeking, requiring and/or receiving medical treatment for injuries suffered in connection with the occurrence or incident. This Section includes Transit employees and CDL holders under the authority of Augusta, Georgia. 2. For Transit Employees and CDL Holders: a. A vehicular accident which results in a fatality; b. A vehicular accident which results in the Transit Employee or CDL Holder receiving a moving traffic citation under State or local law; c. A vehicular accident where one or more of the vehicles involved receive disabling damage and cannot be moved from the scene under its own power (including a single - vehicle accident). For the purposes of this definition, disabling damage means damage which precludes departure of the vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, mirrors or windshield wipers that make them inoperative; d. (URBAN Transit Employees): A vehicular accident in which the performance of the Transit Employee or CDL Holder could have contributed to the accident, as determined by management using the best information on hand at the time of the determination; and/or e. A vehicular accident in which any individual suffers a bodily injury and is immediately transported away from the scene of the accident for medical treatment. All Rights Reserved 157 1 P a g e B. Adulterated specimen. A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. C. Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication. D. Canceled Test. A drug test that has been declared invalid by a Medical Review Officer. A canceled test is neither a positive nor a negative. E. Contractor. A person or organization(s) providing a service for Augusta, Georgia or its subordinate depai I vents, divisions, sections or agencies under a specific understanding or arrangement. The understanding can be a written contract or an informal arrangement that reflects an ongoing relationship between the parties. F. Controlled Substances. For the purposes of this Policy, see definition of "Drugs" below. G. Designated Employer Representative (DER). An employee authorized by the employer to take immediate action to remove employees from safety- sensitive duties and to make required decisions in drug testing. The DER also receives drug test results and other communications for the employer. For the purpose of this policy, the Designated Employer Representative (DER) is the Risk Management Manger, Sandra Wright. In the absence of the Risk Management Manager, it shall be the Risk Management Loss Control Officer, Joe Crozier. This also meets the requirements of 49 CFR Parts 40 and 655. H. Department of Transportation (DOT): Department of the federal government which includes the, Federal Transit Administration, Federal Railroad Administration, Federal Highway Administration, Federal Motor Carrier's Safety Administration, Federal Aviation Association and Special Programs, and the Office of the Secretary of Transportation. I. Direct Observation Collection: Procedure is the same as a routine collection procedure with the additional requirement that an observer of the same gender as the individual physically watches the employee urinate into the collection container.(DOT rule change 2008). J. Dilute Specimen: A specimen with creatine and specific gravity values that are lower than expected for human urine. K. Drugs. For the purposes of this Policy, "Drugs" include illegal street drugs, legal drugs either taken for non - medical reasons or without a valid prescription, and alcohol. It DOES NOT include prescription medication prescribed for the employee by a qualified health care provider and taken in accordance with that physician's instructions. Some of the drugs which are considered controlled substances under Federal, State or local laws include, but not limited to: marijuana, heroin, hashish, cocaine, hallucinogens, inhalants and designer drugs, and depressants and stimulants which are not prescribed for current personal treatment by a licensed physician. L. Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations. M. Illegal Substances. For the purposes of this Policy, see definition of "Drugs" above. N. Medical Review Officer.(MRO) A licensed physician (medical doctor or doctor of osteopathy) responsible for reviewing laboratory results generated by the Drug Testing program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedical information; knowledge of adulteration or substituted specimens. The MRO must also meet additional qualification training requirements which can be found in Part 40.121 of the Federal Regulations. A test result will not be deemed positive for the purpose of disciplinary action until ruled positive by the Medical Review Officer (MRO). O. Negative - Dilute: A drug test which is negative for the five drug/drug metabolites but has a specific gravity value lower than expected for human urine, second collection is required under direct observation. All Rights Reserved 158 1 P a g e P. Safety - Sensitive Employee. Safety - sensitive employees are those who perform any of the following tasks or duties, or have the following qualifications /job requirements: 1. Certified Law Enforcement Officers; 2. Jailers of Richmond County Sheriffs Office; 3. 911 operators/ communications officers; 4. Fire Fighters; 5. Crash Fire and Rescue employees (Bush Field); 6. Certified Correctional Officers; 7. Employees who mix chemicals with water; 8. Employees who fuel or maintain aircraft; 9. Employees who maintain airfield facilities, including aircraft ramps, taxiways or active runways or median areas around ramps, taxiways and runways; 10. Employees whose responsibilities include airfield operations or planning activities, in areas described in definition of "Department of Transportation" above; 11. Employees who maintain, repair, or install traffic control markers, signs or devices to include painting lane markers or directional indicators; 12. Employees of the Recreation Department, whose job responsibilities include supervising youth (defined as "minor children "),; also those coordinating food and beverage concessions sold to the public at events, requiring on -going compliance for health standard; 13. Operators of heavy equipment or construction type equipment, without regard to whether a CDL license is required; 14. Employees who operate Augusta, Georgia vehicles for which a Commercial Drivers' License (CDL) is required while performing safety - sensitive functions, as defined as: a. While on duty, waiting to be dispatched, unless the driver has been relieved from duty by the employer; b. While on duty inspecting equipment as required by the Federal Motor Carrier Safety Regulations (FMCSR's), or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; c. While on duty at the driving controls of a commercial motor vehicle; d. While on duty, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth); e. While on duty and loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; f. While on duty performing the driving requirements associated with an accident; g. While on duty repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle; 15. Employees who service or repair Augusta, Georgia vehicles; 16. Control room operators, utilities department; 17. First line supervisors of anyone listed above if their job duties require they perform the listed functions; 18. Employees of the Transit Department performing safety- sensitive functions ( "Transit Employees "). Such functions include: a. Operation of a revenue service vehicle, including when not in revenue service; b. Operation of a non - revenue service vehicle, when required to be operated by a holder of Commercial Driver's license; c. Control of dispatch or movement of a revenue service vehicle, Maintenance of revenue service vehicles or equipment used in revenue service; All Rights Reserved 159 P age d. First line supervisor of anyone listed above are also defined as "Transit Employees" and are subject to testing under this Policy if the position requires the employee to perform any of the duties listed above 19. Carrying a firearm for security purposes; 20. Employees of animal control who have access to and /or administer controlled substances, which are stored on the premise; 21. Security Officers both full -time and part-time responsible for buildings, courts and airport security. Q. Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium /Alcohol and other Drug Abuse) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. R. Substituted specimen: A specimen with creatine and specific gravity values that are so diminished that they are not consistent with normal human urine. S. Test Refusal: The following are considered a refusal to test and are treated the same as a positive test result if the employee: 1. Fails to appear for any test (excluding pre - employment) within a reasonable time, as determined by the employer, after being directed to do so by the employer. 2. Fails to remain at the testing site until the testing process is complete. 3. Fails to provide a urine or breath specimen for any drug or alcohol test (for FTA/DOT this complies with Part 40 regulations). 4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of your provision of a specimen. 5. Fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Fails or declines to take a second test the employer or collector has directed you to take. 7. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of the "shy bladder" or "shy lung" procedures. 8. Fails to cooperate with any part of the testing process (e.g. refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process. 9. If the MRO reports that there is a verified adulterated or substituted test result. 10. Failure or refusal to sign Step 2 of the alcohol testing form. 11. If you refuse to take a test. Section 900.005 Prohibitions A. The possession, unlawful manufacture, sale, distribution or presence in the body, of alcohol, drugs, controlled substances or prescription medicine for which no valid prescription is held, in the workplace, is strictly prohibited. B. It is illegal and a violation of this Policy to take a medication prescribed for someone else - prescription medicine must be prescribed for the user by a licensed physician. C. All employees are prohibited from consuming alcohol for four (4) hours prior to reporting for duty and for eight hours after an accident, or until he /she has been tested pursuant to this Policy. This prohibition applies equally to Transit Employees and CDL Holders by virtue of federal regulations. All Rights Reserved 1601 r a g e D. Any and all employees who are on an on -call work status will not consume alcohol while on -call status. Section 900.006 Consequences for Violations A. The following violations will result in an employee being placed on three days administrative leave with pay with a recommendation of termination. At such time the recommendation of termination will be forwarded to the Human Resources Director for review. The Human Resources Director will schedule a conference with the Administrator or his or her designee to review the recommended termination. 1. Employees who have drug test results confirmed by the Medical Review Officer a positive for a prohibitive substance, 2. Employees who have a confirmed alcohol content of .04 or above, while on duty, confirmed by an evidentiary breath testing devise or blood alcohol content, 3. Employees who refuse to test under the provisions of this policy, 4. Employees who adulterate or substitute their specimens and reported by GC/MS and confirmed by the MRO. B. CONSEQUENCES FOR OTHER VIOLATIONS : 1. Employees whose blood alcohol content is between .02 to .039 will be removed from duty for a minimum of 8 hours and will receive appropriate disciplinary action appropriate to the "Progressive discipline" policy provisions. 2. Negative Dilute when reported by the MRO will require a second test under direct observation Section 900.007 Notification Requirements A. If any employee is prescribed a drug whose use may affect their job performance, that employee must immediately notify the supervisor of the prescription. For example, if an employee's prescription drug label reads that the user should not operate a car or machinery while taking the drug or that the drug causes drowsiness, and the employee operates a car or machinery in the course of employment, or if the employee is a safety - sensitive employee, that employee must notify his or her supervisor of the prescription prior to coming on duty. B. An employee who is not on -call status, but is called during non - working hours and who have been drinking alcohol must inform the caller that the employee have been consuming alcohol and cannot respond to the request. No disciplinary action will be taken against the employee for not responding due to the consumption of alcohol when the employee is not on -call. C. Appropriate law enforcement agencies will be notified of any controlled substances found on Augusta, Georgia property and these substances will be disposed of in accordance with policies and procedures of the law enforcement agency called. D. Employees must notify the department head if the employee is convicted of any Georgia Controlled Substances Act statute in connection with activity occurring in the workplace. This notification must be made within 5 days of the conviction. Section 900.008 Testing Procedures A. Drugs. Urine tests will be used for the detection of drugs and controlled substances. 1. Regular employees. Standards, procedures and processes for drug testing are available for review at the Risk Management office. All Rights Reserved 161 1 P a g e 2. Transit employees and CDL Holders. Standards, procedures and processes for testing of Transit employees and CDL Holders are found in the federal regulations cited in Reference Section above, and are available for review at the Risk Management Office. 3. Every urine specimen shall, at a minimum, be tested for the following illegal drug usage at levels approved by FTA/DOT regulations in adherence to Part 40, as amended: a. Marijuana; b. Cocaine; c. Opiates; d. Phencyclidine (PCP); e. Amphetamines. B. Alcohol. Breath and/or blood tests will be used for the detection of alcohol 1. Regular employees. Standards, procedures and processes for alcohol tests are available for review at the Risk Management office. 2. Transit employees and CDL Holders: Standards, procedures and processes for testing of Transit employees and CDL Holders are found in the federal regulations cited in paragraph 1.3 above, and are available for review at the Risk Management Office. Section 900.009 Actions Required for Positive Tests A. Laboratory. Once a specimen has been tested as positive on an initial screening, a confirmatory test will be conducted prior to the laboratory's reporting the specimen as a positive result. Such test shall be performed by GCMS method. 1. Regular Employees. Once confirmed, the laboratory will report the results with allied documentation to the MRO, through the DER /Risk Management Office. 2. Transit Employees and CDL Holders: All laboratory reports will be sent from the laboratory testing facility directly to the MRO. B. Medical Review Officer. The MRO will verify all positive test results by first reviewing laboratory reports, and confirming that a proper chain of custody (procedures to account for the integrity of each specimen by tracking its handling and storage from point of collection to final disposition) was followed. 1. The MRO will then contact the employee to discuss the positive result. 2. If verification of prescription drug use is required in connection with the MRO's investigation of a positive result, the MRO shall meet personally with the employee. 3. Otherwise, the MRO may contact the employee by telephone. 4. If the MRO finds that a valid medical reason explains the positive result, the MRO will report the test results to Risk Management as negative. 5. If the MRO is unable to find a valid medical reason for a positive result, the positive result will be reported to the Designated Employer Representative as positive. 6. As a qualified medical professional, the MRO's medical judgment cannot be overturned by an arbitrator, employer, or anyone else in the testing program (in accordance with Federal Regulations - 40.149) C. Risk Management. For all employees other than Transit Employees and CDL Holders, Risk Management receives positive reports from the laboratory and forwards those reports to the MRO. (Reports for Transit Employees and CDL Holders are forwarded from the laboratory directly to the MRO, as outlined in the Medical Review Officer section above. 1. Risk Management is informed of a confirmed positive test result, by the MRO; the Risk Manager (DER) will recommend to the appropriate department director that the employee should be placed on three days administrative leave with pay with a recommendation of termination from employment for a violation of this policy. All Rights Reserved 162 P a g e D. Department Management. Upon notification by Risk Management that an employee has tested positive for an illegal substance or be under the influence of alcohol, department management will immediately remove the employee from duty and initiate a letter of termination to the employee, refer the employee to a Substance Abuse Professional and inform the employee of their right to appeal the decision. E. Positive Alcohol Tests 1. An employee with a confirmed blood - alcohol level of 0.04 or higher is in violation of this Policy. Actions in Department Manager section above will apply. 2. Employees who are found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not be permitted to perform the job duties until: The employee's alcohol concentration measures less than 0.02; or the start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. Section 900.010 Split Sample Testing. A. REQUEST FOR TESTING OF SPLIT SAMPLE. In accordance with federal and state regulations for Transit employees, CDL holders, and Augusta, Georgia authority for all other employees, urine drug tests shall be according to the split sample method, whereby the sample provided is divided into two bottles. Upon being notified of a positive test result by the MRO, a Transit Employee or CDL Holder may request that the split sample be tested. This request must be made within 72 hours of the MRO's notification. Requests made after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee. Testing of the split sample will be according to federal regulations. B. EMPLOYEE PLACED ON ADMINISTRATIVE LEAVE WITHOUT PAY: While awaiting results of split sample, employee will not be allowed to use accrued vacation time. C. PAYMENT FOR TESTING. An employee's economic status will not bar them from having the split tested. If an employee cannot afford to pay for the testing up front, as a courtesy, Augusta, Georgia will pay for this cost. Should the results from testing the split sample uphold the original positive test result, the cost of the split test will be deducted in full from the employee's next paycheck. If there are not enough funds in the employee's paycheck to cover the testing cost(s) this does not relieve the employee from reimbursing Augusta, Georgia for all associated cost incurred. Section 900.011 Review of Termination Recommendation The Human Resources Director or designee will schedule a grievance with the Administrator or designee to review the departmental recommendation of termination. The Administrator or designee will either uphold the recommendation for termination or reject the recommendation. Section 900.012 Rehiring Terminated Employees A. Employees being terminated for violation of this Policy will not be considered for rehire by Augusta, Georgia for a period of one year from the date the individual successfully completes an approved rehabilitation program (acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered). B. Employees who resign after being notified of a positive test result, by the MRO or through the administrative process, will not be considered for rehire by Augusta, Georgia, for a period of one year from the date the individual successfully completes an approved rehabilitation program. All Rights Reserved 163 1 r a g e Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered. Section 900.013 Alcohol Testing of Transit Employees and CDL Holders A. Federal regulations stipulate specific criteria to be applied when Transit Employees and CDL Holders are tested for alcohol. Those regulations provide, in part, that: 1. Alcohol tests will only be conducted just before, during or just after the performance of safety sensitive job functions. 2. Alcohol testing will be conducted if the employee is injured, from a job related activity (on- the-job injury) and medical treatment is provided to the employee. 3. Transit employee or CDL Holder with a blood - alcohol level of .04 or higher is in violation of federal regulations and this Policy. Such employee will be immediately removed from his or her safety- sensitive duties and will be terminated. As part of this process the employee will be advised of programs available for rehabilitation, if applicable. 4. Transit Employees or CDL Holder found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not be permitted to perform safety sensitive functions until: The employee's alcohol concentration measures less than 0.02; or the start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. Section 900.014 Refusal to Submit to Testing A. Refusal to submit a urine, breath and/or blood sample when required under this Policy will be considered the same as a positive test result. B. Refusal can include: 1. Fail to appear for any test (except pre - employment test) within a reasonable time, as determined by the employer; 2. Fail to remain at the collection site until the collection process is complete; 3. Fail to provide a urine specimen for any drug test; 4. Fail to permit observation or monitoring of your provision of a specimen; 5. Fail to provide a sufficient urine specimen without a valid medical reason as verified by the MRO; 6. Fail or decline to take a second test the employer or collector has directed you to take; 7. Fail to undergo a medical examination or evaluation, as directed by the MRO as a part of the verification process or as directed by the DER (Designated Employer Representative); 8. Fail to cooperate with any part of the testing process (e.g. refuse to empty pockets, behave in a confrontational way that disrupts the collection process); 9. If MRO reports a verified adulterated or substituted test result, this is considered a refusal; 10. If you refuse to take a drug test. C. Any employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, or substitution shall be required to undergo an observed collection. D. Confirmation of tampering, contamination, adulteration or substitution may result in recommendation of termination from employment. All Rights Reserved 164 1 P age Section 900.015 Confidentiality A. The privacy interests of employees and the legitimate interests of the Augusta, Georgia in implementing and maintaining a substance abuse program will be accomplished by: 1. Limiting the extent of inquiries to those necessary to effectuate this Policy; 2. Assuring that disclosure of, and access to, information generated under this Policy is on a strict need -to -know basis; and 3. Informing employees of the purpose for which the information is sought. B. If a third party requests information (for example, in the context of a reference check), regarding Augusta, Georgia's decision not to hire an applicant or not to transfer or promote or to terminate an employee, and that decision is based on a violation of this Policy by the applicant or employee, the reason given for such decision will be that the applicant or employee did not comply with policy. No further information will be given to any third party without the prior written consent of the applicant or employee, except in the following circumstances: 1. Information may be given to Risk Management, to laboratories and to the MRO for the purpose of administering this Policy; 2. Information may be given to the employee's department head, when a recommendation of disciplinary action has been made and it is that department head's responsibility to carry out such disciplinary action; 3. Information may be released to the Department of Labor and appropriate representatives of Augusta, Georgia in the event an employee discharged for violations of this Policy applies for and/or appeals a denial of unemployment compensation; 4. Information may be released pursuant to an order from a court of competent jurisdiction or other tribunal; 5. Information may be released to the Equal Employment Opportunity Commission or the Human Relations Commission if requested in connection with any inquiry or investigation by either such body; and 6. Information may be released to those persons or bodies hearing any appeal by an employee of any action taken pursuant to this Policy. C. Release of Information as to Transit Employees or CDL Holder: 1. Augusta, Georgia shall release information regarding a Transit Employee or CDL Holder record as directed by specific written consent from the employee authorizing release of the information to an identified person. 2. Transit Employee or CDL Holder is entitled, upon written request, to obtain copies of any records pertaining to his or her use of a prohibited substance, including any records pertaining to test results. 3. Augusta, Georgia may disclose information that is required to be maintained to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee tested. 4. When requested by the National Transportation Safety Board as part of an accident investigation, Augusta, Georgia shall disclose information related to its administration of drug and alcohol tests following the accident. 5. Records shall be made available to subsequent employers upon receipt of written request from the Employee. 6. Augusta, Georgia shall disclose data for its drug and alcohol testing program and any other information pertaining to its anti -drug program, when requested by the Secretary of Transportation or any Department of Transportation agency with regulatory authority over the Augusta, Georgia transit system or Federal Highway Administration - DOT. All Rights Reserved 165 ( P a g e Section 900.016 Contractors A. Persons engaged by Augusta, Georgia as independent contractors shall be required to comply with Georgia's Drug -Free Workplace Act, O.C.G.A. sec. 50 -24 -1 et seq., before they may perform services for Augusta, Georgia. Compliance shall be in the form of certification before beginning services, and documentation of continuing compliance as reasonably requested by Augusta, Georgia. B. Contractors who are also providing repair and maintenance services on DOT regulated vehicles are required to also be in compliance with applicable provisions of the DOT/FTA drug and alcohol testing regulations (Title 49 Part 40) if services are more than ad hoc or one time repairs. As long as Georgia's population is less than 200,000 this does not apply to contractors doing business with Augusta, Georgia it will only apply if and when the local population exceeds 200,000. Section 900.017 Changes to Policy At times, State or Federal law may require that additional employees be tested for illegal substances, or that additional or different testing mechanisms and procedures be implemented. Said State or Federal law requirements will supersede the relevant provisions of this Policy, and this Policy may or may not be amended to reflect those changes prior to their effective date. Affected employees will be notified in advance of any implementation of changes as a result of State or Federal law requirements. Section 900.018 Contact Person The proponent agency for this Policy is the Risk Management Division of the Finance Department. Any comments, questions or recommendations applying to this policy or testing program should be referred to the Risk Management Manager, 530 Greene Street, Augusta, Georgia, 30911 (706) 821 -2301 or FAX (706) 821 -2502. Because the MRO is not an employee of Augusta, Georgia any employee wishing to contact the MRO should contact the Risk Management Manager. The Employee Assistance Program is "CONCERN " - EAP; located at 961 Broad Street - 722 -2353 or 1- 800 - 285 -2353. B. INDIVIDUALS SUBJECT TO TESTING Section 900.100 Individuals Subject to Testing Individuals will be subjected to testing as provided in the following Sections. Section 900.101 Applicants/New Employees All applicants who have been extended a conditional job offer will be required to undergo the following as part of the employment process: A. Regular New Hires 1. Submit to a substance abuse test for illegal substances prior to becoming an employee of Augusta, Georgia. Such screening must be completed within 24 hours of the time the applicant is instructed to submit to the screening. Any screening not completed within that 24 hour period will not be accepted 2. Sign a Substance Abuse Coverage Form (Form SA -1) within 45 days of the first day of work. This form states that the applicant has read, understands and agrees that he /she is subject to this Policy as a condition of employment with Augusta, Georgia. The signed form will be retained in the employee's personnel file. All Rights Reserved 166 P a g e 3. Sign a Test Consent Form (Form SA -3). This form authorizes Augusta, Georgia and/or its representatives to perform the appropriate tests to identify the presence of drugs or controlled substances and releases test results as necessary to administer this Policy. The signed form will be forwarded to Risk Management where it will be retained in the employee's drug test file. a. Refusal of an applicant to sign SA -3 will remove the applicant from consideration for employment with Augusta, Georgia since the employment process cannot be completed. B. Transit Applicant or New Hire and Holders of Commercial Driver's License 1. Submit to a pre - employment substance abuse screening for illegal substances prior to becoming an employee of Augusta, Georgia. Such screening must be completed prior to performing any safety sensitive function. 2. Sign a Substance Abuse Coverage Form (Form SA -2) within 45 days of the first day of work, which form states that the applicant has read, understands and agrees that he /she is subject to this Policy as a condition of employment with Augusta, Georgia. The signed form will be retained in the employee's personnel file. 3. No Form SA -3 (Test Consent Form) is required. This is due to prohibition by the FTA for employee to sign any type of waiver including a consent form. 4. Sign an Information Request Form allowing Augusta, Georgia to submit request on drug testing history from any DOT - regulated employers for whom you have worked within the previous two years. (Form SA -7). 5. If you have failed or refused a DOT drug or alcohol pre - employment test within the previous two years you must provide this information when requested. Section 900.102 Transfers /Promotions A. Any employee who transfers or is promoted into a safety- sensitive position will be drug tested prior to assuming the duties of the position. B. Any employee who is promoted or transferred so as to become a Transit Employee or CDL Holder will be drug tested, in accordance with Federal regulations, prior to assuming the duties of that position. Section 900.103 Return to Duty A. Regular Employees: 1. Employees who have successfully completed a rehabilitation program will be required to take a drug and/or alcohol test with a negative result prior to returning to work. 2. Employees registering between .02 to .04 (but not including .04) on an alcohol breath- testing devise will be tested prior to returning to duty to ensure the blood alcohol content is below .02 B. Transit Employees or CDL Holders: Transit Employees or CDL Holders are required to take a pre- employment substance abuse test if they have not performed a safety - sensitive function for 90 consecutive calendar days regardless of the reason (exception — if employee has remained in random pool during that time, no pre - employment test is required). Section 900.104 Post - Accident A. Regular Employees. 1. Any employee involved in an accident or incident in the course and scope of employment involving a vehicle where there is property damage, injury to the employee, or injury to another person will be drug and alcohol tested. Under the authority of Augusta, Georgia this includes Transit employees and CDL holders. All Rights Reserved 167 P a b e 2. Any employee involved in an accident or incident in the course of employment, not involving a motor vehicle, which results in injury to the employee or to another person and which the injured person receives or reasonably should receive medical treatment for the injury will be drug and alcohol tested. 3. Employees who receive medical treatment for an occupational exposure (exposure to disease, blood borne pathogen) will not be drug or alcohol tested, if the treatment is solely for the occupational exposure. 4. Any employee involved in an accident or incident while driving a government motor vehicle, whether or not the employee is on duty at the time of the accident, that results in a fatality will be drug and alcohol tested. B. Transit Employees and CDL Holders Federal regulations establish the criteria for post- accident testing for Transit Employees or CDL Holders. Testing will be administered when: 1. a fatality occurs from an accident; 2. the employee receives a citation under State or local law for a moving traffic violation arising from the accident; 3. a vehicle accident involving one or more vehicles occurs and any of the vehicles cannot move from the accident scene under their own power; or 4. the performance of an employee could have contributed to the accident, as determined by management using the best information at the time of the decision. C. Employees will be tested as soon as possible after the accident but not more than 32 hours after the accident. If a test has been required by law enforcement and employer cannot test employee within given time limit, employer can request a copy of the test results from the authorizing agency. D. Employees who are injured in the course of their employment, and refuse medical treatment may be tested under the provisions of "For Cause" testing. The injury must be of such gravity as to obviously require medical attention. Section 900.105 For -Cause (Reasonable Suspicion) Testing A. Any employee may be tested for illegal substances and/or alcohol when, based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of an employee, it is determined that there is reasonable suspicion that the employee is violating this Policy. B. If you suspect an employee to be under the influence of alcohol or other drugs while at work, the following steps are to be taken when requesting a drug screen: 1. Call the Risk Management Manager at 821 -2486. 2. Relay all known factors /information concerning reasons for suspicion (not just a "gut" feeling, must be able to give description/specifics /observation at that moment in time, not days earlier). Use the FOR CAUSE TEST AUTHORIZATION FORM, Form SA -4, found in this Substance Abuse Policy. Fill out items #1, #2 (to include all reasons), #3, and date. Then immediately submit to Risk Management. The information is then evaluated and determined if approval for testing is appropriate. 3. Determine if approval is appropriate. a. Approval — if the request is approved, the employee in question is to sign the Substance Abuse Consent Form (Form SA -3) PRIOR to being taken for testing. When fully executed, this form is then to be delivered in to Risk Management. Employee refusal to sign the SA -3 form will be treated as a refusal to submit under Refusal to Submit to Testing Section of this Chapter. b. Denial — if the request for testing is denied, no further action is to be taken regarding the test or against the employee. All Rights Reserved 168 ( P a g e 4. ALCOHOL — If the employee is being tested for alcohol: a. The employee is to be taken to the designated collection site by the Director or high ranking supervisor (the fact of testing is to be kept totally confidential). b. If the test result is negative, the employee shall be allowed to return to work. c. If the breath/blood test is confirmed positive, the employee is to be processed through the normal termination process channels (i.e. placing employee on three -day administrative leave with pay with recommendation of termination). d. Under no circumstances is the employee allowed to operate a vehicle, including his or her personal vehicle. A taxicab will be provided to transport the individual directly to his or her residence if a family member is not available. This will be arranged through Risk Management and/or the effected department. 5. OTHER DRUGS — If the employee is being tested for drugs other than alcohol: a. The employee is taken by the Director or high ranking supervisor (the fact of testing is to be kept totally confidential) to the designated collection site for testing. b. When the collection process has been completed the employee is NOT allowed to return to work and is placed on administrative leave (leave with pay) pending the outcome of the testing. c. If the test results are negative the employee shall be allowed to return to work C. An illegal substance screening which shows that a specimen may have been diluted, tampered with, or substituted will be considered reasonable suspicion for additional for -cause testing. D. The number of employees requested to participate in a for -cause screening based on a workplace incident may range from a single individual to all personnel who were involved in the incident or had access to the work area in which the incident occurred. E. To initiate a for -cause screening, the appropriate Department Head will use the For -Cause Test Authorization Form (SA -4) attached as Appendix 4. Section 900.106 Random Testing Program A. General. 1. Employees classified as safety- sensitive will be randomly tested for illegal substances. A safety- sensitive employee may be tested up to once per month. 2. Criteria and standards for random testing for regular employees are available for review in the Risk Management Office. 3. Criteria and standards for random testing of Transit Employees and CDL Holders are found in the federal regulations cited above, which are available for review in the Risk Management Office. B. Program Integrity. To ensure the selection process maintains true random integrity, no names, social security numbers, employee numbers or any other identification of individuals will be provided to the agency which is responsible for selecting the random numbers to be tested, which numbers are generated through a computer program. C. Random Selection/Testing Process 1. Notification Process a. Risk Management i. Request sequence numbers from designated service provider on a monthly basis ii. Receive numbers, match numbers with names in spreadsheet maintained in Risk Management iii. Generate letter for each individual selected, attach Consent Form and Collection Site Checklist. Letters grouped by department, give to Risk Manager for signature. All Rights Reserved 169 1 P a g e iv. Send letters to Department Point of Contact via courier (point of contact determined by Department Director b. Department Point of Contact i. Receives packet of letters from Risk Management containing monthly selections for drug screening. ii. Point of Contact secures letters to maintain confidentiality of information. Remainder of internal process is developed by department (employees who are selected are not to have notice of their selection prior to receipt of notification letter from Risk Management. iii. Testing is to be spread out throughout the month - do not try to test all employees within a few days. iv. Suggestion for internal process: When feasible, only Point of Contact gives letter to each employee. v. After employee receives this notification, the Point of Contact places the current date and time in appropriate area on letter Employee then signs and dates Consent Form, witnessed by person giving the notice. (Important: once notified, the employee has 30 minutes to arrive at the collection facility listed in letter). vi. Consent Form is left with Point of Contact who sends form back to Risk Management to be maintained in employee drug testing file. c. Employee carries letter showing date and time along with Collection Procedures Checklist to the facility designated as the collection site. 2. Collection Site a. Upon arrival at collection site, employee follows guidelines of collection site (signing in, providing photo identification - driver's license, etc.). b. Employee gives letter to Collection Site who verifies timeliness of arrival. c. Employee and Collector will initial appropriate step, as it is completed on Collection Procedures Checklist. 3. Notification by Laboratory of Testing Results a. Risk Management is notified directly of all drug test results except those under Federal and DOT Regulations (those results go directly to the designated Medical Review Officer). Notification is done through a dedicated fax machine for drug testing results only. b. Upon receipt of a drug screen showing a positive test result, Risk Management immediately delivers appropriate paperwork to the Medical Review Officer for determination of test results. Medical Review Officer contacts employee at work or home (whichever is the most expedient). c. Upon questioning employee concerning test results, Medical Review Officer makes official determination of positive or negative test results. d. Medical Review Officer contacts Risk Manager with official results, which are then faxed for documentation purposes. e. Upon receipt of documentation, Risk Management contacts appropriate Department Director of employee. Verbal notification is given with instructions on policy, which is followed up by written notification and instructions. Written notification includes a sample letter for Department Director to use for notification to employee All Rights Reserved 170 >> a g C. MISCELLANEOUS Section 900.201 Training A. NEW EMPLOYEES. All full -time, regular new employees will be required to attend orientation prior to beginning their normal work schedule. The orientation will include a program for Drug Awareness/ Effects of Drug Abuse and a briefing on this Policy. B. TRANSIT EMPLOYEES and CDL HOLDERS. 1. All Transit Employees and CDL Holders, whether full -time or part-time, will be required to attend an orientation prior to performing any safety sensitive function. Orientation will include a program for Drug Awareness/ Effects of Drug Abuse and a briefing on this Policy. Transit Employees and CDL Holders will also be required to attend a one- hour training session on the effects and consequences of prohibited drug use on personal health, safety, and the work environment and on the signs and symptoms, which may indicate, prohibited drug use. An additional hour of training will be required regarding alcohol. 2. Supervisors of Transit Employees and CDL Holders who may make reasonable suspicion determinations will be required to attend one hour of training on drug abuse and one hour on alcohol abuse. C. ANNUAL TRAINING. All employees will be required to attend a one -hour class on the effects of Drug and Alcohol abuse each year. Section 900.202 Rehabilitation Policy A. Voluntary Participation. 1. When a regular employee (not probationary, part-time or temporary) comes forward PRIOR to notification of a random or for -cause test or PRIOR to an accident and/or injury, seeking help with a substance abuse problem, that employee will be allowed to enter an approved rehabilitation program, as outlined below. The employee is subject to all of the provisions of the rehabilitation policy. 2. If a regular employee DOES NOT come forward as described above, and tests positive on an illegal substance screening, that employee will be immediately recommended for termination from employment. 3. Any employee who desires to voluntarily participate in rehabilitation will be allowed to enter an approved detoxification and/or rehabilitation program with no Augusta, Georgia participation in cost other than as provided under the employee's group health insurance program. 4. The employee will be allowed the use of any accrued leave time (sick and/or vacation) during his or her absence from work for this treatment. If there is no leave time available, the employee will be placed on leave without pay. 5. Prior to returning to work, the employee shall submit to the Risk Management Division, in writing, proof of completion of the program and competence to return to work. 6. Employees who have completed a detoxification and/or rehabilitation program will not be afforded any further opportunity by Augusta, Georgia or through Augusta, Georgia's resources to re -enter a detoxification and/or rehabilitation program for a second time. B. Participation in Rehabilitation Directly through EAP. 1. If any employee comes forward voluntarily directly to the Employee Assistance Program (EAP) (without first going through either Human Resources or Risk Management), and the EAP finds that the employee is a risk to the safety of himself/herself and/or others, the EAP will notify Risk Management that the employee is seeking treatment directly through EAP. All Rights Reserved 171 1 P a b e 2. The employee will not be terminated from employment unless the employee fails to enter and successfully complete the substance abuse program designed for him/her by the EAP; however, such employee shall be placed on leave until such time as he /she is no longer considered a risk to the safety of himself/herself and/or others. 3. The EAP will keep Augusta, Georgia informed of the employee's progress through the rehabilitation program. 4. The employee will be required to sign a statement prior to being admitted to the EAP acknowledging that Augusta, Georgia may be notified of his entry into the program under the above circumstances. C. Failure to Complete Rehabilitation. Employees who do not successfully complete a rehabilitation program will be terminated and may not be considered for re -hiring for a period of one year from the date an approved rehabilitation program was successfully completed. 1. Acceptable proof of satisfactory completion of a rehabilitation program will be required before re -hiring will be considered. D. Disciplinary Action. Referral to the EAP does not deprive Augusta, Georgia of the option of taking disciplinary action against any employee in accordance with this Policy. E. Post - Habilitation 1. Any employee who successfully completes a rehabilitation program and returns to work will be considered a probationary employee for the next three -year period. a. The classification of "probationary" applies to substance abuse testing only, when used in the context of this Policy. The employee shall be responsible for the costs of such tests. b. An employee's refusal or failure of any such test will cause the employee to be immediately terminated. 2. Prior to returning to work, the employee will be tested for illegal substances and will be tested on an unannounced basis thereafter during the period of probation, said testing not to exceed 12 times each year. Section 900.203 Relationship to Previously Established Procedure A. This Substance Abuse policy becomes effective the date as determined by the Augusta, Georgia Board of Commissions. As of its effective date, this policy replaces any previous substance abuse policy or procedure. B. No qualifying statement, previously established rule(s) or procedure(s) shall be used to negate the spirit or intent of this statement or policy. Section 900.204 Forms A. Contractor Certificate (FORM SA -1) B. Substance Abuse Coverage Form (FORM SA -2) C. Test Consent Form (FORM SA- 3)(Not for use by Transit/CDL - Fed Regulation) D. For Cause Test Authorization Form (FORM SA -4) E. Supervisor Referral Form (FORM SA -5) F. Collection Site Checklist (FORM SA -6) G. Information Request Form (FORM SA- 7)(Transit/CDL Pre -Empl) H. Alcohol Fact Sheet (FORM SA -8) I. Acknowledgement of Receipt of Substance Abuse Policy (FORM SA -9) J. Substance Abuse Index All Rights Reserved in I P a g CONTRACTOR CERTIFICATE I, of (Contractor/Vendor's Certifying Official) (Company Name) (Address) certify that a drug free workplace will be provided for the employees of this company during the performance of this contract pursuant to section 50 -24 -3 of O. C. G.A. I further certify that in accordance with O.C. G.A. 50 -24 -3 paragraph (a) subsection (2), that should this company require the services of a subcontractor as part of this contract, that all subcontractors will be required to provide this company with a certificate of compliance for the establishment of a Drug Free Work Place. I understand that a drug free work place may be provided by my: (1) Publishing a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's /subcontractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a drug -free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The contractor's /subcontractor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance program; and d. The penalties that may be imposed upon employees for drug abuse violations. (3) Providing each employee with a copy of the statement provided for in paragraph (1) above. (4) Notifying each employee in the statement provided for in paragraph (1) above, that as a condition of employment, the employee shall: a. Abide by the terms of the statement; and b. Notify the contractor /subcontractor of any criminal drug statute conviction for a violation occurring in the work place within five days of the conviction; (5) Notifying the contracting principal representative within ten days after receiving from an employee or a subcontractor a notice of conviction as provided under paragraph (4),b above or otherwise receiving actual notice of such a conviction; (6) Making a good faith effort on a continuing basis to provide a drug -free workplace for employees; and (7) Requiring that such contractor /subcontractor include in any agreement or contract with a subcontractor a provision that such subcontractor will provide a drug -free workplace for his employees by complying with the provisions of paragraphs (1), (2), (3), (4), and (6) listed above. (Signature) (Printed Name & Title) FORM SA -1 All Rights Reserved 173 1 P a g e SUBSTANCE ABUSE COVERAGE FORM I, , have read and understand the Augusta, Georgia Substance Abuse Policy (the "Policy "). I further understand that the manufacture, use, possession, sale or distribution or presence in body of alcohol, drugs or illegal substances in the work place is strictly prohibited and will lead to my immediate discharge from employment. For purposes of this Policy, "drugs" or "illegal substances" or "controlled substances" is defined to include illegal street drugs, legal drugs either taken for non - medical reasons or without a valid prescription and alcohol, but not to include prescription medication taken in accordance with a physician's prescription and instructions. I also understand that the presence of such substances in my system during work hours places unacceptable risk and burden on the safe and efficient operation of my job, and, consequently, is strictly forbidden. I understand that if I am a Transit employee or an employee required to have a CDL I will be tested in accordance with testing requirements established by Federal regulations. I understand that if I work in a safety- sensitive position (as that is defined in the Policy), I may be tested for illegal substances on a random basis. I also understand that Augusta, Georgia has a zero tolerance policy for safety - sensitive employees, such that I will be terminated for any violation of the Substance Abuse Policy. I understand that based on reasonable suspicion, I may be tested for illegal substances (a "for -cause test "). I understand that if I successfully complete a rehabilitation program and return to work for the Augusta, Georgia Commission, I may be tested for illegal substances on a random basis up to twelve times per year for three years and that it is my responsibility to pay for these tests as a condition of my employment. I understand that if I am involved in an accident, which results in property damage or injury to another person; or in my requiring and/or receiving medical attention for injuries, I may be tested for illegal substances (a "post- accident test "). I understand that Federal testing requirements, for Transit employees and holders of CDL licenses, may require drug and/or alcohol testing in cases of vehicle accidents, even though there may be no injuries. I also understand that my arrest and/or conviction for off-the-job drug and/or alcohol activities, including driving under the influence, may constitute grounds for reasonable suspicion and a for -cause illegal substances screening, and may cause me to have action taken against me, taking into consideration (among other things), the nature of the charges, my job assignment and my record with the Augusta, Georgia Commission. I understand that it is my responsibility to read the Augusta, Georgia Substance Abuse Policy entirely, and that my cooperation with, and adherence to, policies and procedures regarding substance abuse are conditions of my employment and that if I violate or am insubordinate by refusing to cooperate with any of these policies and procedures, I am subject to discipline up to and including discharge. Employee Signature Date FORM SA -2 All Rights Reserved 174 P a s t SUBSTANCE ABUSE TEST CONSENT FORM I, , do hereby give my consent to the Augusta, Georgia (or its agent(s)) to collect a urine, breath and/or blood sample from me to determine if I have used illegal drugs or misused alcohol and/or drugs or controlled substances (including the misuse of any legal drugs). I further give my consent to Augusta, Georgia to forward the sample(s) to a qualified laboratory for its performance of appropriate tests thereon to identify the presence of substances illegal under the Substance Abuse Policy. I further give the testing laboratory my permission to release the results of such test to Augusta, Georgia Risk Management and/or the Medical Review Officer for the Augusta, Georgia government. I understand that refusal to submit to testing or providing false information in connection with a test is considered the same as a positive test result. I hereby certify that I will not adulterate or substitute any urine sample given under the Substance Abuse Policy. Employee Signature: DATE: WITNESS: DATE: FORM SA -3 All Rights Reserved 175 ( P a g e ** *PERSONAL AND CONFIDENTIAL * ** FOR-CAUSE/REASONABLE SUSPICION DRUG TEST AUTHORIZATION FORM FOR -CAUSE TEST is requested for: Print Employee Name: Payroll #: Department: Job Title Physical Signs or Symptoms ❑ 1. Possessing, dispensing, or ❑ 8. Loss of physical control, poor ❑ 15. Dilated or constricted using prohibited substance. coordination, unsteady gait. pupils or unusual eye movement ❑ 2. Slurred or incoherent speech ❑ 9. Extreme fatigue or sleeping ❑ 16. Excessive sweating or on the job. clamminess of skin ❑ 3. Bloodshot or watery eyes ❑ 10. Flushed or very pale face ❑ 17. Shaking hands or body ❑ 4. Odor of alcohol tremors. ❑ 11. Nausea or vomiting ❑ 5. Odor of Marijuana ❑ 18. Dry mouth ❑ 12. Disheveled appearance or ❑ 6. Runny nose or sores around out of uniform ❑ 19. Breathing irregularity or nostrils. difficult breathing ❑ 13. Dizziness or fainting ❑ 7. Puncture marks or "tracks" ❑ 20. Inappropriate wearing of ❑ 14. Highly excited or nervous sunglasses. ❑ 21. Other (describe below) 3. Has there been a change to the employee's quality and quantity of work? ❑ NO If so describe_ 4. Has the employee's work relationships changed with fellow employees? ❑ NO If so, describe: 5. Does the employee appear to "bring his personal /family problems" to work more than usual? ❑ NO If so, describe: 6. Have you noticed any recent changes in personality, moods, or behavior? ONO If so, describe: FORM SA -4 Page 1 of 2 All Rights Reserved 176 P a g e PAGE 2 FOR -CAUSE REASONABLE SUSPICION DRUG TEST AUTHORIZATION FORM NATURE OF INCIDENT /CAUSE FOR SUSPICION ❑ 1. Observed possession or use of a prohibited substance ❑ 2. Apparent drug or alcohol intoxication. ❑ 3. Observed abnormal or erratic behavior. ❑ 4. Other: 2. Test requested by: Signature Date: Printed Name: Payroll #: Job Title: Department: 3. TEST AUTHORIZED BY: Signature: Date: Printed Name: Empl #: Job Title: Department: Additional Information FORM SA -4 Page 2 of 2 All Rights Reserved 1771 Page CONCERN: EAP SUPERVISORY REFERRAL FORM - CONFIDENTIAL- NOTE: NOT FOR INCLUSION IN PERSONNEL FILE - Please print or type This form is to be used as a guide in determining the extent and exact nature of the decline of your employee's job performance. Please review the form withyour employee, and be sure that both parties sign. Please call if you have any questions. Upon completion of the form please forward to: CONCERN, Employee Assistance Program, 2610 -B Commons Blvd, Augusta, GA 30909 Telephone: 706 - 667 -2353, Toll Free 1- 888 - 667 -2353, FAX: 706 - 667 -2303 Name and Title of Employee : Company: Augusta, Georgia Government Department: CHANGES IN WORK BEHAVIOR 00 (Please explain in detail indicating when you first noticed changes.) Frequent short absences Tardiness Unexplained disappearances from work station: Reduced quantity of work Reduced quality of work Erratic work performance Missed deadlines Complaints from fellow workers Errors due to inattention or poor judgment Repeated minor accidents on or off job Inability to concentrate Irritability: Overreaction to criticism FORM SA -5 Page 1 of 2 All Rights Reserved 178 P a g e CONCERN: EAP SUPERVISORY REFERRAL FORM CONT. Complaints of not feeling well: Undependable statements: Deteriorating appearance: Outside forces (i.e., family and financial garnishments) beginning to interfere with work: Hospitalized more than should be expected: Changes in personality pattern: The above listing is intended only as a guide. These indicators are most reliably applied to employees who have been good performers in the past but who have had a recent decline in job performance. Additional Information: (Please list any additional information or comments, which you feel, could be helpful. Attach additional sheets if necessary.) RELEASE OF INFORMATION: (To be reviewed and signed during interview) I authorize CONCERN: EAP to advise the person listed below whether or not I scheduled and/or kept an appointment for services. EMPLOYEE: DATE: Title: Supervisor Telephone Date: CONTACT PERSON: TELEPHONE: (If different from above) FORM SA -5 Page 2 of 2 All Rights Reserved 1791 P a g e Collection Procedures Check List Employee Last Name: First Name Employee number: PLEASE READ!!!! In an effort to provide the best protection possible for each employee and the collection agent, this checklist is being provided for use with each collection. Your participation is required to ensure that each step of the collection process is completed to standard. You will be required to initial each block by the procedure you were involved in. Your initials signify that the procedure was completed properly. If there is any deviation of procedures you should make a note at the bottom of the sheet and sign your name. Designated Employer Representative is Sandy Wright, Risk Management...direct any questions of concerns to the DER. # Procedure Collector Donor 1 Prepare collection site; ensure coloring agent present in commode. OM _ =k�b Verify identity of employee with picture ID. Prepare Top section of Chain of Custody form: (donor ID, reason for test) 4 If required: ask donor to remove bulky or unnecessary items (exterior clothing, store in secure area. 5 Employee washes hands and returns to the collector. 6 Collector gives (sealed collection bottle) or lets donor pick (non - sealed collection bottle). NOTE: only one collection container allowed in the rest room. 7 Employee /donor provides urine sample in the collection container and immediately provides the container to the collector. (Note: do not flush the commode until told to do so) 8 Collector annotates the temperature on the Chain of Custody form and insures there is at least 45 ml. If the temperature is outside the acceptable range follow the procedures. of SAMSHA. 9 Donor observes the splitting of the sample and sealing. 10 Collector splits the sample, writes the date on the labels /seals and seals the containers t (In the presence of the donor). 11 Donor initials security seal. 12 Donor flushes the commode and washes hands. 13 Donor reads the certification statement of the Chain of Custody form and signs the form. 14 Collector completes the Chain of Custody form and provides copy to the employee /donor. Collector Comments: Employee Comments: CERTIFICATION 1 certify that the above procedures were satisfactorily completed and that any questions concerning the procedure by the employee were satisfied at the time of the collection. I also state that I was given the opportunity to write comments concerning any aspect of the collection process. (Signature of Collector) (Date) (Signature of Employee) NOTE: This form is an internal document for use by Augusta, Georgia Risk Management and is not required by DOT/FTA FORM SA -6 All Rights Reserved 1801 P a g e e Information Request Form (Pre - Employment Transit) I, hereby allow Augusta, Georgia Transit (Applicant) (Transit Agency) to contact my former DOT - regulated employer(s), from the past two years, to request the following information in accordance with 49CFR part 40.25. 1. Alcohol test results of 0.04 or higher alcohol concentration. 49CFR part 40.25(b)(1) 2. Verified positive drug tests. 49CFR part 40.25(b)(2) 3. Refusals to be tested (including verified adulterated or substituted drug test results.) 49CFR part 40.25(b)(3) 4. Other violations of DOT agency drug and alcohol testing regulations. 49CFR part 40.25(b)(4) 5. With respect to any employee who violated a DOT drug and alcohol regulation, Documentation of the employee's successful completion of DOT return-to -duty Requirements (including follow -up tests). 49CFR part 40.25(b)(5) Please list former employer(s) with contact information. In respect to DOT drug and alcohol testing regulations over the past two years Have you ever had an alcohol test results of 0.04 or higher? Yes No Have you ever had a verified positive drug test? Yes No Have you ever refused to be tested (including verified adulterated or substituted drug test results.) Yes No Have you violated any DOT agency drug and alcohol testing regulation? Yes No If you have violated a DOT drug and alcohol regulation, do you have documentation of successful completion of DOT return-to -duty requirements (including follow -up tests)? Yes No FAILURE TO PROVIDE WRITTEN CONSENT, INCLUDING FORMER EMPLOYER(S) INFORMATION, ANSWERS TO THE QUESTIONS AND SIGNATURE, WILL RESULT IN YOU BEING DISQUALIFIED FOR A SAFETY SENSITIVE POSITION WITH AUGUSTA, GEORGIA TRANSIT, AS PER 49CFR PART 40.25(a). Applicant Signature Date Witness Signature Date FORM SA -7 All Rights Reserved 181 Page ALCOHOL FACT SHEET Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood - altering effects, it is a substance of abuse. As a depressant; it slows down physical responses and progressively impairs mental functions. Signs and Symptoms of Use 0 Dulled mental processes 0 Lack of Coordination 0 Odor of alcohol on breath 0 Possible constricted pupils 0 Sleepy or stuporous conditions 0 Slowed reaction rate 0 Slurred speech (NOTE: Except for the odor, these are general signs and symptoms of any depressant substance) Health Effects The chronic consumption of alcohol (average of three servings per day of beer [ 12 ounces], whiskey [ 1 ounce], or wine [6 ounce glass]) over time may result in the following health hazards: 0 Decreased sexual functioning 0 Dependency (up to 10 percent of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed "alcoholic "). 0 Fatal liver diseases 0 Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast and malignant melanoma. 0 Kidney disease 0 Pancreatitis 0 Spontaneous abortion and neonatal mortality 0 Ulcers 0 Birth defects (up to 54 percent of all birth defects are alcohol related). Social Issues 0 Two- Thirds of all homicides are committed by people who drink prior to the crime. 0 Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. 0 Two thirds of all Americans will be involved in an alcohol - related vehicle accident during their lifetimes. 0 The rate of separation and divorce in families with alcohol dependency problems is 7 times the average FORM SA -8 Page 1 of 2 All Rights Reserved 182 I P a b e ALCOHOL FACT SHEET (Continued) 0 Forty percent of family court cases are alcohol problem related. 0 Alcoholics are 15 times more likely to commit suicide than are other segments of the population. 0 More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. THE ANNUAL TOLL 0 24,000 people will die on the highway due to the legally impaired driver. 0 12,000 more will die on the highway due to the alcohol- affected driver. 0 15,800 will die in non - highway accidents. 0 30,000 will die due to alcohol- caused liver disease. 0 10,000 will die due to alcohol- induced brain disease or suicide. 0 Up to another 125,000 will die due to alcohol - related conditions or accidents. Workplace Issues 0 It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. 0 Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body. 0 A person who is legally intoxicated is 6 times more likely to have an accident than a sober person. FORM SA -8 Page 2 of 2 All Rights Reserved 183 P a g e ACKNOWLEDGEMENT OF RECEIPT AUGUSTA, GEORGIA POLICY AND PROCEDURES ON SUBSTANCE ABUSE I hereby acknowledge receipt of a copy of the Augusta, Georgia Policy and Procedures on Substance Abuse on the date written below. I further acknowledge and understand that it is my responsibility to read and understand the policies and procedures included in this administrative regulation. By way of this acknowledgement, I acknowledge that I have been informed that the Augusta, Georgia Commission may add to, revoke, and /or modify the policies and procedures from time to time. Date Employee Signature Employee Printed Name Employee Number FORM SA -9 All Rights Reserved 184 ( P a g e CHAPTER X. SAFETY A. GENERAL Section 1000.001 General Safety Policy Statement Augusta, Georgia considers the safety of its employees of paramount importance. To this end, every effort will be made to provide the safest possible work environment and conditions. The responsibility for conducting safe work practices rests with every employee of Augusta, Georgia. Augusta, Georgia recognizes that the prevention of accidental injury to the employees will be successful only if there is support from top level management, including Department Directors, adequate coordination and advice from staff members, and willing participation by the employees. Section 1000.002 Purpose A. Establish the Augusta, Georgia Safety/Risk Management Program and to prescribe policies, procedures and guidelines to implement this Program. B. Increase the efficient use of resources through the reduction of accidents (loss of manpower and/or material) by preventing unsafe acts, eliminating or controlling unsafe conditions and environmental hazards, and providing safe and healthy working conditions for all employees. C. Increase the efficiency of operations by providing technical safety advice and services. D. Establish criteria for accident reporting, safety training, safety committees, safety awards, and internal safety program administration. E. Establish criteria for health protection programs not specific to single departments. Section 1000.003 Applicability The provisions, policies, procedures and guidance established within this Manual are applicable to all full -time and part-time employees of Augusta, Georgia unless otherwise stated. Section 1000.004 Program Goals A. Create a physical and mental work environment that measurably reduces accidents and injuries to employees. B. Conduct a program of safety and health inspections to identify and eliminate unsafe working conditions or practices. C. Control health hazards and to comply fully with the safety and health for every job. D. Provide for the personal protection of all employees against injury or illness by offering personal protective equipment as appropriate to the job. Section 1000.005 General Provisions A. Accident prevention is a management/supervisor and employee responsibility. Department Directors will establish and implement supplemental departmental accident prevention programs designed to meet the needs of their departments and employees. B. Accident prevention principles and techniques will be incorporated into all phases of planning, training, operations, and services. Safety standards, policies, and programs adopted under this program will be used as a basis for the prevention and reporting of accidents. All Rights Reserved 1851 P a g e C. Risk Management will provide safety program support as requested by Department Directors or department safety officers. D. All levels of management/supervisors will ensure prompt attention is given to reports by employees or others regarding unsafe or unhealthy work conditions. E. Employees will be provided personal protective items as appropriate to their duties. This equipment will be provided by the department at no cost to the employee. "Share cost" by the employee, for required safety items, is inappropriate and will not be authorized by any department under the authority of Augusta, Georgia. F. The Department Directors, with the assistance of the Safety Officer and Risk Management, will analyze hazardous conditions plus work tasks and develop standard operating procedures to insure that the hazardous conditions are minimized and that safe work practices are used. G. It shall be the responsibility of every employee to make safety a part of their daily job, irrespective of the capacity they may function in the organization. H. No employee will accept liability or responsibility for damages, injuries, or wrongdoing in the name of Augusta, Georgia, its various departments, or contractors. All issues relating to liability, damage, and/or wrongdoing will be referred to Risk Management or Department Head. Section 1000.006 Administration A. Departments will implement an employee bulletin board or bulletin area. It shall be accessible to all employees within the department. B. Departments operating out of several areas are encouraged to construct multiple bulletin boards /areas to ensure dissemination of employee information. C. The board/area will be divided into two sections: 1. Permanent Items a. Required posting under Federal and State Law - examples - Fair Labor Rights - U.S.D.L.; Americans with Disabilities Act; Workers Compensation Panel of Physicians, Employee's Bill of Rights (Workers Comp) b. Department policies 2. Temporary Items a. "Safety Grams" b. Department announcements D. Boards will be kept in a neat and orderly appearance. Department Directors will appoint an employee to be responsible for maintaining the board. Section 1000.007 Safety Policy Responsibilities Individuals and groups shall be responsible for instituting the safety policy as described in the Sections below. Section 1000.008 Risk Management Committee — See also Section F of this Chapter A. Makes recommendations for policy to the Augusta, Georgia Commission in the areas of the safety program and insurance. B. Reviews actions of the Safety Review Committee; C. Acts as the appellate authority for the Safety Review Committee. Section 1000.009 Safety Review Committee — See also Section E of this Chapter A. Reviews all property damage involving employees to determine personal liability and makes All Rights Reserved 186 P a g recommendations concerning policy, as appropriate, to Risk Management Committee. 1. May recommend the employee be found at fault as a major contributor to the proximate cause of the accident and disciplinary action as appropriate. 2. May recommend the employee be found not at fault as a major contributor to the proximate cause of the accident. 3. Reviews safety inspection reports, and accident analyses, taking or recommending appropriate actions necessary to ensure an effective safety program. 4. Considers assignments for special safety inspections, investigations of serious accidents, training programs and special safety problems. Section 1000.010 Finance Department Director A. Responsible for administering and supervising the Augusta, Georgia Safety and Risk Management Program. B. Develops, coordinates, and conducts an aggressive safety program. C. Takes all actions deemed essential to produce a positive reduction in accidents and determines their causes. D. Provides technical guidance and direction to personnel and all levels of management in the implementation of safety policy and Loss Prevention program. E. Implements inspection programs to detect existing or potential accidents and health hazards and recommends corrective or preventive measures where indicated. F. Participates in the investigation of accidents and injuries and cooperates in the preparation of reports and evidence for Augusta, Georgia use. G. Stops hazardous jobs when prescribed safety precautions are not being enforced. H. Conducts inspections of equipment, materials, operations or activities to ensure public and employee safety. I. Administers and coordinates workers compensation claims. J. Periodically evaluates compliance with the program within the divisions and departments. K. Periodically attends department staff and safety meetings to promote maximum understanding of the program objectives. L. Maintains complete records on accidents and publicizes information which will apprise management and employees of trends. Section 1000.011 Department Directors A. Responsible for all aspects of safety within their respective departments. B. Appoints a departmental safety officer to assist in the department safety program (see Department Safety Officers below). C. Maintains safe and healthful working conditions within their department. D. Controls injuries, collisions, liabilities, and waste material within the department by establishing policies and procedures particular to the department. E. Publishes an appropriate safety manual or plan designed to accomplish objectives of this program and objectives unique to their department with a copy to be provided to Risk Management. F. Charges each supervisor to be fully accountable for an explanation of injuries, collisions and liabilities incurred by their employees. G. Provides leadership and positive direction essential in maintaining Augusta, Georgia safety policies as a prime consideration in all operations. H. Ensures employees receive appropriate training in those tasks the employee is to accomplish. Training will include safety factors involved in the task(s). Sustainment training and remedial All Rights Reserved 187 P a b c training will be provided as necessary. I. Ensure hazardous tasks are covered by specific published work rules and employees involved with these tasks have read, understood, and demonstrated their abilities to accomplish the tasks. A record of training will be maintained by the department. J. Provides personal protective items for hazardous tasks as necessary and provides instruction for item use and care. K. Ensures all new employees are briefed on safety policies within the department. Section 1000.012 Supervisory Personnel A. Responsible for the safe actions of their employees and the safe performance of machines and equipment within their operating areas. B. Enforces the provisions of the policies listed in this manual. C. Assumes full responsibility for safe and healthful working areas for their employees while they are under their supervision. D. Ensures all safety policies and regulations are fully implemented for maximum efficiency of each job. E. Takes the initiative in recommending correction of deficiencies noted in facilities, work procedures, employee's job knowledge, or attitudes that adversely affect loss prevention efforts. F. Is firm in enforcement of work policies and procedures by being impartial in taking consistent disciplinary action against those who fail to conform, and by being prompt in giving recognition to those who perform well. G. Ensure each employee is fully trained for the job they are assigned and they are familiar with published work rules. H. Ensures all employees attend training classes when conducted. I. Inspects all tools and equipment at frequent intervals and keeps in a safe and serviceable condition. J. Ensures untrained employees are not permitted to operate any mechanical or electrical equipment until thoroughly trained. K. Instructs all employees about the reporting of all accidents and the necessity of receiving first aid treatment, even in cases of minor injuries. L. Maintains a continuous program of on-the-job training and supervises workers in the accomplishment of all potentially hazardous activities. M. Uses safety checklist(s) for the accomplishment of hazardous operations. N. Properly maintains all personal protective devices and safety equipment. O. Ensures all employees are physically qualified to perform their work. P. Marks all areas designated as dangerous with the type of hazards involved. Q. Ensures as few persons as possible are permitted to enter hazardous work areas. Section 1000.013 Department Safety Officers A. Recommends necessary safety equipment and personal protective clothing and devices to be used by employees. B. Instructs employees in the need for and use of personal protective equipment for hazardous jobs. C. Conducts training for employees as to an acceptable way for accomplishing a hazardous job. D. Conducts monthly safety meetings to review accidents, analyze their causes, and promote free discussion of hazardous work problems and possible solutions. The Safety Officer will maintain a file of meetings for review. A copy will be sent to Risk Management. E. Reviews all accident and incident reports to insure that the investigation was thorough, the report is complete, and forward reports to Risk Management. All Rights Reserved 188 1 P a g e F. Conducts monthly inspections of work areas and equipment to insure that conditions are satisfactory from an accident prevention standpoint. Section 1000.014 Employees A. Employees are required, as a condition of employment, to exercise due care in the course of their work to prevent injuries to themselves, to their fellow workers, and to members of the public and to conserve materials. B. Reports all unsafe conditions and unsafe acts to their supervisor and safety officer. C. Keeps work areas clean and orderly at all times. D. Follows prescribed procedures during an emergency. E. Reports all accidents immediately to their supervisor. F. Makes certain they understand instructions completely before starting work. G. Learns to lift and handle materials properly. H. Avoids engaging in any horseplay and avoids distracting others. I. Knows how and where needed medical attention may be obtained. J. Avoids damaging or destroying any warning or safety device, or interfering in any way with another employee's use of them. K. Reports all injuries, no matter how minor, to their supervisor and safety officer; L. Familiarizes themselves with personnel policies pertaining to workers compensation injuries. M. Each employee working at hazardous jobs will: 1. Obey all safety rules and follow published work instructions. If any doubt exists about the safety of doing a job, they will stop and get instructions from their supervisor before continuing work. 2. Operate only machines and equipment that they have been authorized to operate by their supervisor. 3. Use only the prescribed equipment for the job and handle it properly. 4. Wear required personal protective equipment when working in hazardous operational areas. 5. Dress safely and sensibly. a. No loose clothing around machinery. b. No jewelry around machinery. c. Wearing proper footgear /shoes - the wearing of high heeled shoes for women is not encouraged. d. See Personal Protective Equipment. Section 1000.015 Condition of Employment All employees, full time, part time, and temporary, will execute their job duties in a legal, lawful, safe and expected manner. Failure to do so may lead to immediate termination. All Rights Reserved 189 P a g B. VEHICLE SAFETY Section 1000.101 General Vehicle Safety Policy A. Augusta, Georgia vehicles are easily identified as such and thus constitute a traveling advertisement seen by many citizens. They have very high exposure. In this relationship with other motorists and pedestrians while operating vehicles, the employee controls an important influence on public relations. By using courteous, considerate driving habits, employees can build good public relations if they apply the principles of defensive driving to avoid accidents. Only employees may drive Augusta, Georgia vehicles. Exceptions may ONLY be approved by the appropriate Administrator. B. All drivers of Augusta, Georgia vehicles will abide by the laws, regulations, and directives of Georgia traffic laws, signs, signals and markings. C. All drivers of Augusta, Georgia vehicles will abide by local traffic ordinances and driving regulations. D. All drivers of Augusta, Georgia vehicles will exercise "due care" in the operation of their vehicle; specifically, the driver must operate his or her vehicle as a prudent person would in a given situation, seeking to avoid unreasonable risk of harm to themselves and others. This provision applies to emergency vehicles and non - emergency vehicles. Section 1000.102 Vehicle Safety Responsibilities A. DEPARTMENT DIRECTORS 1. Establish policies for their departments which support safe operation of motor vehicles. Policies should include driving on improved (hard surface) roadways, unimproved (dirt/gravel) roadways, and construction areas. Policies will be in written form with copies to Risk Management. 2. Establish a training program which ensures all employees driving Augusta, Georgia vehicles are familiar with policies of Augusta, Georgia, as well as the department policies. 3. Ensure all employees driving Augusta, Georgia vehicles attend defensive driving within 6 months of employment. Departments will maintain records of attendance. 4. Ensure all employees driving Augusta, Georgia vehicles have a valid state driver's license and are full -time employees at least 21 years of age. 5. Assist in the enforcement of policies established by Augusta, Georgia. 6. Establish a system of safety checks for motor vehicles. Safety checks are to be performed by the driver at the beginning of each driving day. (See Forms RM- sample daily checks). 7. Publish operating procedures for emergency or specialized equipment, procedures will be in writing. Procedures will be submitted to the Safety Review Committee chairperson and to the Sheriffs Department for review. Such equipment includes: a. Police vehicles; b. Emergency service vehicles; c. Dump trucks; d. Any vehicle weighing in excess of 10,000 pounds (Gross Vehicle Weight) e. ULV Aerosol Generators. B. SUPERVISORS 1. Ensure drivers conduct daily vehicle inspections. 2. Ensure drivers are trained in the provisions of the Vehicle Safety Section. 3. Perform weekly checks for valid driver's license of employees driving Augusta, Georgia vehicles. 4. Assist in accident investigations as required. All Rights Reserved 190 P a g e 5. Ensure scheduled maintenance is conducted. C. DRIVERS 1. Adhere to the provisions of this section in its entirety. 2. Ensures he /she has a valid driver's license in their possession while driving an Augusta, Georgia vehicle. 3. Inspect the vehicle at the beginning of each driving day. Items to inspect can be found at Form RM for vehicles requiring a Class C license and Form RM for CDL. Inspection check sheets provided in this manual are not intended to replace the provisions of law. Drivers are responsible for ensuring any and all legal requirements for safety inspections are met. 3.2.4 D. DEPARTMENT SAFETY OFFICERS 1. Ensure "pre- operation" daily checks are made. 2. May declare a vehicle "out of service" or "deadline" a vehicle for safety hazards. E. RISK MANAGEMENT SAFETY OFFICER 1. Will make periodic inspections of any Augusta, Georgia owned vehicle to ensure safety and driver compliance with policy. 2. Has the authority to declare a vehicle "out of service" or "deadline" as a result of a safety problem. 3. Has the authority to temporarily suspend driving privileges of employees in Augusta, Georgia vehicles observed driving recklessly. A written report of the action/conduct and description of the observation will be provided to the department head within one working day. Section 1000.103 Driver Pre - Operation Inspections A. Non- commercial vehicles - Safety checks will include as a minimum 1. Lights 2. Horn 3. Directional Signals 4. Brakes, brake lights and brake fluid 5. Motor oil 6. Power steering fluid 7. Windshield washers and wipers 8. Tires (tread and inflation) 9. Clutch travel 10. Hydraulic systems 11. Proper latching of seat belts B. Commercial type vehicles (CDL) - The minimum requirements are established as law and all drivers applying for a Commercial Drivers License (CDL) must demonstrate their knowledge of "pre -trip" inspections prior to being approved for a license. Drivers are responsible for conducting all safety inspections prescribed by law - pre -trip, during operations inspection, and end of the driving day inspection. Section 1000.104 General Vehicle Safety A. Position all adjustments for safe driving before putting the vehicle into gear such as - the seat, properly adjust seat belts, inside and outside mirrors, and seating positions. B. Drivers of Augusta, Georgia vehicles must possess a valid state driver's license and they must be thoroughly familiar with the state and local regulations governing motor vehicle operation. The fact that an employee is operating an emergency vehicle does not absolve them from civil All Rights Reserved 191 1 P a g e or criminal liability for the consequences of wanton reckless driving. The driver must be in the position to satisfy a jury that they used reasonable care and prudence in operating emergency vehicles. Even though emergency equipment has warning devices, the drivers are expected to PROCEED WITH DUE CAUTION. C. All slow moving equipment operated in public right -of -ways shall be equipped with proper flashing lights, proper signage (slow moving vehicle) and other devices required by the Georgia Vehicle Code. D. Load Security 1. Supplies transported in motor vehicles shall be secured in such a manner that they will not be dislodged or fall out or forward during transit or sudden stops. 2. Drawers in moveable trucks shall always be secured before the truck is driven. 3. Ensure load capacity is not exceeded. E. Drugs or any medication which might affect the ability to drive are not to be taken before operating vehicles. Drugs, illness, or extreme fatigue may affect ability to judge distances, speed, and driving conditions. Employees must notify their supervisor of medications prior to operating equipment/vehicles. F. All persons who drive or ride in Augusta, Georgia vehicles will, in all cases, wear the installed seat belts. The number of seat belts available will establish the maximum passengers of the vehicle. Passengers will not be authorized to ride in the "bed" of pick -up trucks, dump trucks or other utility type vehicles. G. Not more than three (3) persons, including the driver, shall be permitted to ride in the front seat of any vehicle. Persons shall not be transported in any vehicle unless safe and secure seating is provided for each such person and a seat belt is available for all passengers. H. Parking vehicle 1. Except when working conditions require otherwise, parked vehicles must have motor stopped, emergency brake set, put gear in park, and keys removed. 2. If on a downgrade, front wheels to be turned toward the curb. If on an upgrade, front wheels to be turned away from the curb. Brakes set and transmission left in "park" before driver's seat is vacated. 3. Vehicles will not be parked on the wrong side of the street facing traffic except in case of emergency. 4. Before leaving the curb, it is essential to see that no cars are approaching from either direction, and signals are to be used. I. When backing up a vehicle, it is necessary to see that the way is clear. The driver should get out of the vehicle when necessary and inspect the area to be backed into slowly. Horn is to be sounded while backing. If there is another employee along, he will get out and direct the backing. Drivers of dump trucks or heavy construction equipment will, if the vehicle has been parked, prior to backing, actually go to the rear of their vehicle to ensure the area to the immediate rear is clear prior to backing the vehicle. J. The vehicle is never to be left unattended with the motor running (excluding emergency type vehicle). Drivers will not go further than 10 feet from any point of the vehicle while running. When parked and unattended, the vehicle will be locked. K. Drivers must be particularly alert while driving near children. Children must be kept from playing in or around Augusta, Georgia owned vehicles. While working areas such as schools, parks, playgrounds, swimming pools, or community centers, drivers will be especially watchful for children and will drive carefully and slowly at all times. L. Driver must stay within posted speed limits and slow down when conditions warrant. 1. Vehicles pulling trailers will not exceed 25 miles per hour in residential areas, nor 45 miles per hour in non - residential or open roads, unless the posted speed is less, in which case the posted speed will be adhered to. All Rights Reserved 192 P a g e 2. Vehicles requiring drivers to have CDL licenses to operate the vehicles will not exceed 30 miles per hour in residential areas, nor 45 miles per hour in non - residential or open roads, unless the posted speed is less, in which case the posted speed will be adhered to. M. THE RIGHT -OF -WAY IS NOT TO BE ASSUMED. The driver who has the last chance to avoid an accident may be the driver in the legal right. DON'T BE PUSHY - YIELD OR STOP. N. The distance behind other vehicles is to be maintained so as to avoid tailgating and every effort made not to allow others to tailgate. If necessary, slow down in an effort to allow the other driver to either slow down or pass your vehicle. If the driver that is tailgating your vehicle appears to be impaired it would be wise to pull over to allow them to go ahead of you. O. Intentions will be signaled at least 100 feet in advance, including a change in lanes, and changes in direction. Avoid sudden braking. P. Low beam headlights will be turned on during the dark period of the day such as during rain storms and fog. Headlights should be "on" 1/2 hour before sunset until 1/2 hour after sunrise when driving. Parking lights designate a vehicle is parked. Vehicles are never to be driven with only parking lights on. Q. Filling tanks 1. Motor of the equipment to be shut off. 2. No smoking near gasoline pumps. 3. Hose nozzle to be kept against the edge of filler pipe. 4. Tank not to be filled too fast or too full to avoid spilling gasoline. Section 1000.105 Seat Belts A. Augusta, Georgia has declared that any and all passengers, including the driver, riding in a vehicle owned by Augusta, Georgia are required to properly wear installed seat belts when operating an Augusta, Georgia vehicle. Exceptions are as follows — 1. Tractors without a "Roll -Over Protection System" (ROPS) 2. Specialized construction equipment. 3. Prisoner /suspect of law enforcement officers being transported for short distances in the back seat of the vehicle when restraining devices or other circumstances prevent the proper wearing of seat belts. 4. Other exceptions must be requested in writing giving a full justification. Requests will be addressed to Risk Management for presentation to the Commission. B. Failure to use your seat belt is a serious safety violation and is not to be taken lightly. It is a known fact that seat belts can and do help reduce the severity of injuries when they are properly used. Proper use constitutes proper adjustments as well as proper latching of the unit. Employees who receive an auto allowance for operating their personal vehicle while on Augusta, Georgia business are required to wear their seat belts in their personal vehicles as well as those in Augusta, Georgia vehicles. To bring employees into compliance with this policy: 1. First Offense - Will result in a written warning; 2. Second Offense - Will result in a two -day suspension without pay. 3. Third Offense a. For those who drive Augusta, Georgia vehicles, will result in the loss of driving privileges for those who drive Augusta, Georgia vehicles; b. For those who receive auto allowance, will result in the forfeiture of that allowance. Section 1000.106 Items Prohibited from Being Carried in Augusta, Georgia Vehicles A. The following items are not authorized for transport in vehicles belonging to Augusta, Georgia. 1. Any item classified as contraband or illegal substance. (Exception - Public Safety Officers All Rights Reserved 193 ( P a g e when in the execution of their legal and expected duties.) 2. Firearms or weapons of any type except by Public Safety Officers who are certified and hold a position of employment by Augusta, Georgia as a certified Public Safety Officer (i.e. - Sheriff Office Deputies/Investigators, Deputy Marshals, Arson Investigator, RCCI Correction Officers and officials of the DA's office). 3. Alcoholic beverages. Section 1000.107 Reporting Driving Citations/Violations A. All employees whose job requires they drive Augusta, Georgia vehicles are required to report any and all traffic /moving vehicle violations to their supervisor, regardless of whether the citation was issued in the course of employment or not. 1. Employees whose licenses are suspended will not be allowed to drive Augusta, Georgia vehicles while their licenses are suspended. 2. Employees are not allowed to operate an Augusta, Georgia vehicle while in possession of a temporary driving permit, i.e. court issued driving permit for the purpose of driving to and from work, etc. 3. Employees hired as drivers (primary job duty) and whose license has been suspended may be subject to termination for loss of job qualifications. (See Personnel Policy). 4. Employees who drive Augusta, Georgia vehicles, who have a suspended license and fail to report the suspension, will be subject to termination for their failure to advise Augusta, Georgia of their invalid license status Section 1000.108 Motor Vehicle Records Check A. Potential Employees - Persons applying for a position requiring the driving of Augusta, Georgia owned vehicles (any position which requires the applicant to drive an Augusta, Georgia vehicle as a major function of his or her job) will be required to sign a release allowing Augusta, Georgia to run a seven (7) year driving history at the time of job offer if a resident of Georgia If not a resident of Georgia then the applicant will need to provide this record from the state of residency of the potential new hire. Potential employees who fail to provide the required records check or who refuse to sign a release for such records will not be considered qualified. See Addendum MVR Review Form for evaluation criteria. B. Employees whose license is suspended for traffic violations of Driving Under the Influence (DUI), and whose job requires they drive an Augusta, Georgia vehicle may be terminated for failure to perform job responsibilities. C. Any employee who is subject to drive an Augusta, Georgia vehicle may have a Motor Vehicle Records check directed/requested as a condition of employment. Only Department Directors, Attorneys of the Law Department, Safety Review Committee, Risk Management Committee, Risk Management Director or Assistant Director, or Augusta, Georgia Administrator can direct the check. D. Employees who have been involved in two or more vehicle accidents within a one year period or whose Motor Vehicle Records Check shows repetitive traffic violations may have their Augusta, Georgia vehicle driving privileges revoked. 1. Risk Management will identify employees in this category and forward the necessary information to the Risk Management Committee for appropriate action. The employee will be notified in writing that his or her driving record is being reviewed and they should attend the meeting to present reasons why their driving privileges for Augusta, Georgia vehicles should not be revoked. 2. Risk Management Committee has the authority to direct a Letter of Intent to terminate the All Rights Reserved 194 1 P a b employee's employment for continued unacceptable driving practices. E. A Motor Vehicle Records Review Form (See Addendum ) will be completed for any employee or potential employee subjected to a Motor Vehicle Records Check. The following standards will be applied to the results of the MVR Review Form: 1. Unacceptable: Termination of Augusta, Georgia driving privileges; 2. Questionable: Probation of Augusta, Georgia driving privileges and attendance at mandatory driver training with testing; Any further violations while on probation status can result in potential termination of Augusta, Georgia driving privileges. 3. Marginal: Augusta, Georgia driving privileges are maintained with the stipulation that they attend mandatory driver training to include testing . Any future violations, depending on the MVR Review Form score will/can result in potential probation or termination of Augusta, Georgia driving privileges. 4. Acceptable: Augusta, Georgia driving privileges maintained; and 5. Adjustments: If an individual has not had a serious violation within three (3) years of the MVR Review Form scoring, subtract three (3) points from the MVR Review Form score for good behavior and apply the appropriate standard as described above. Section 1000.109 Age and Employment Status Restrictions A. Except for employees having a commercial driver's license, the minimum age for driving Augusta, Georgia vehicles is 21 years old. B. Except for employees having a commercial driver's and Airport employees, only full time regular employees are authorized to drive Augusta, Georgia vehicles unless specifically approved by the Administrator. Section 1000.110 General Vehicle Accident Provisions A. In the event of a vehicle accident involving Augusta, Georgia owned vehicles, the following procedures will be followed: 1. Administer first aid. 2. Notify the appropriate police agency, department head and supervisor. B. The driver involved should exchange names, driver's license numbers, vehicle tag number and insurance data with the other person(s) involved. OFFER NO INFORMATION REGARDING THE RESPONSIBILITY FOR THE ACCIDENT OR WHAT SHOULD HAVE BEEN DONE TO AVOID THE ACCIDENT. C. Report the accident to supervisors as soon as possible. The supervisor shall make a written report to their respective department. Such reports will include a statement from the employee involved, any employee that was a witness, and the name of the insurance carrier and agent of the other parties involved. The form located at Appendix 5 will be used (Fleet Accident Report). This form will be submitted only if a Motor Vehicle Accident Report is not filled out by a law enforcement officer. D. All serious accidents and/or accidents involving bodily injury or a fatality will be reported to Risk Management IMMEDIATELY. Section 1000.111 Vehicle Accident Responsibilities A. DEPARTMENT DIRECTORS 1. Ensure all employees are familiar with all sections under General Safety. 2. Develop a system of notification within their respective department. 3. Promote driver safety and vehicle accident safety. All Rights Reserved 195 1 P a g e 4. Ensure a prompt department investigation is conducted into the circumstances leading to the accident. B. SAFETY REVIEW COMMITTEE 1. Serves as the administrative board of inquiry to identify the causes of accidents involving vehicles, property damage and employee injuries in order to establish responsibility and derive means to reduce accidents involving Augusta, Georgia owned vehicles and personnel. 2. Reviews all accidents resulting in property damage or personal injury to employees, including vehicle accidents, to determine the cause and to establish responsibility or culpability where appropriate. 3. Assess penalties based on damage assessments, directs retraining and establish needed procedures when shortcomings have been identified. a. Penalties /damage assessments will be established as a percentage based on the cost of physical damage. (See Safety Review Committee section) b. Risk Management Committee will periodically review the percentage formula to make adjustments as necessary. This action will be recorded in the minutes of Risk Management Committee and published to all Departments in a separate letter. c. Where flagrant and/or repeated violations occur, the Risk Management Committee will notify the appropriate department head and suggest further training or disciplinary action be taken. d. When appropriate, the board may recommend reassignment to a non - driving position or the termination of the employee. C. SUPERVISORS 1. Ensure drivers of Augusta, Georgia vehicles are trained on all sections under General Safety. 2. Periodically inspect vehicles driven by employees under their supervision to ensure driver compliance with policy to conduct daily inspections and ensure no damage goes unreported. 3. Ensure any damages or accidents are reported immediately and that the "Fleet Accident Report" Form RM -FAR is prepared and forwarded, to include witness statements, whenever a police report is not made out. 4. Ensure any common use vehicle is inspected by the driver for safety and condition prior to operation. 5. Ensure any employee involved in an accident or as a witness to an accident involving an Augusta, Georgia vehicle is available to the Safety Review Committee when requested. No supervisor has the authority to deny an employee the time to attend the Safety Review Committee. D. RISK MANAGEMENT 1. Maintains files on each driver involved in an accident and vehicle which has been damaged. 2. Process reports of accidents, incidents or reports of damage. 3. Coordinates the repair of all vehicles. Section 1000.112 Vehicle Accident Procedures A. When an accident occurs or damage to a vehicle noticed, the driver will: 1. Give assistance as required to others involved. The accident will be reported immediately. If the vehicle is equipped with a radio and it is operational, the driver will report the accident immediately. The driver will get the names, addresses and phone numbers of anyone involved, including any witnesses. 2. Vehicles will not be moved from the accident scene until released by local law enforcement All Rights Reserved 196 P a g e officers investigating the accident. If the vehicle is safe to operate, it will be driven to the respective department or maintenance shop immediately. The supervisor and driver will complete the "Fleet Accident Report Form RM -FAR if a Motor Vehicle Accident Report is not prepared by the law enforcement officer investigating the accident. The "Fleet Accident Report" is to include any witness statements from other Augusta, Georgia employees, if involved. The report will be sent through department channels to Risk Management. 3. If the vehicle is not drivable, the "listed" towing service will be used. Normally this will be called in by the law enforcement officer. The vehicle will be taken to the appropriate maintenance shop. 4. The driver will be notified by letter of his case being reviewed by the Safety Review Committee (SRC). Drivers and/or witnesses will be allowed to appear before the SRC. NO SUPERVISOR MAY DENY ANY EMPLOYEE THE RIGHT TO APPEAR BEFORE THE COMMITTEE. Any driver wishing another Augusta, Georgia employee, who has direct knowledge of the incident, to be present at the SRC may request their attendance by notifying Risk Management by phone, and requesting their presence. This should be done as soon as possible after receiving the letter of notification. 5. The Committee will review all information concerning the accident and take appropriate action. 6. The driver will be informed of any decision with regard to his or her involvement in the accident. This will be done in letter form. Any employee has the right to appeal to Risk Management Committee. See Section 8 - Safety Review Committee. Section 1000.113 Damaged Vehicles Any Augusta, Georgia vehicle which has been involved in an accident and must be towed to the appropriate shop will be under "quarantine" until released by the Director over Risk Management or the Risk Management Manager. No one is authorized to touch, remove items, move or remove parts, or otherwise physically alter any part of the vehicle unless authorized to do so by the Director over Risk Management or the Risk Management Manager. The only exception would be the authorized law enforcement investigator. This provision will ensure protection of physical evidence for potential liability. Section 1000.114 Vehicle Accident Investigation Purpose The purpose of this section is to establish policy, guidance and assign responsibility for the investigation of accidents or damage to vehicles owned by Augusta, Georgia. Section 1000.115 Required Vehicle Accident Investigations A. A Fleet Accident Report Form RM -FAR or Georgia Motor Vehicle Accident Report will be completed on the following: 1. Any traffic or non -traffic accident involving an Augusta, Georgia owned vehicle which does not result in a police report being completed, regardless of the law enforcement agency. 2. Any traffic or non -traffic accident which results in damage to property, Augusta, Georgia or privately owned, involves an Augusta, Georgia vehicle and for which a Motor Vehicle Accident Report is not completed. 3. Any traffic or non - traffic accident involving a non - motorized secondary vehicle (i.e. trailer) which receives damage or causes damage to public or private property and for which a police report is not completed. 4. Any Augusta, Georgia vehicle which receives damage as a result of vandalism, an All Rights Reserved 197 1 P a g e unreported previous accident or is otherwise damaged without the immediate knowledge of the primary driver or department (for common use vehicles) and a police report is not made out. Section 1000.116 Vehicle Accident Investigation Responsibilities A. RESPONSIBILITIES - 1. DEPARTMENT DIRECTORS - a. Establish procedures to appoint a department investigating officer for any accident identified in the Accident Investigation Section. b. Ensure employees designated as drivers are informed of their reporting responsibilities for vehicle accidents. c. Ensures an accident investigation is initiated as soon as practical and results are forwarded to the Risk Management Department within 24 hours of the accident. 2. DEPARTMENT SAFETY OFFICERS - a. Reviews all department accident reports for completeness and accuracy. b. Recommends changes in department policy or driving practices as appropriate. c. Coordinates with the Risk Management Department for technical assistance as required. 3. DRIVER a. Report any accident or damage to Augusta, Georgia owned vehicles as described in Accident Investigation Section b. Assist in the investigation by writing a full description of the accident or circumstance of damage. Section 1000.117 Preparation of the Fleet Accident Report A. General - The Fleet Accident Report will be prepared by the driver's supervisor or departmental investigating officer, as directed by the department head, within 24 hours of the accident or report of damage. B. Explanation of Information Required — 1. Page 1 information a. Date of Accident - List the month, day and year. b. Day of the Week - List Monday through Sunday. c. Time - The time the accident occurred. d. Number of Vehicles Involved - In the box provided write the number of vehicles involved by type, Augusta, Georgia or private. e. Case No. - Leave blank. f. Location - Mark the box if the accident occurred at an intersection. Describe the location as best you can in the space provided. House numbers or block numbers may be used. g. 7 -14 - These blocks concern driver information of the Employee. Driver's license information should be taken directly from the driver's license only. h. 16 -23 - Identify the Augusta, Georgia vehicle involved in the accident. i. Driver Cited - Indicate by marking the appropriate box whether the employee was given a written citation. j. Insurance Information - The information has been provided. k. Vehicle Removed By - Check the box as appropriate, if the vehicle was towed write the name of the tow service. All Rights Reserved 198 1Page 1. Number of Injuries - If there were no injuries check the box "none ". If personnel were injured indicate the total number of Augusta, Georgia employees injured. m. Private Vehicle - Indicate all known information about the Other Driver, of particular importance is the phone number of the other driver. n. If the driver is not the owner of the vehicle write any information concerning the owner of the vehicle. If the vehicle belongs to a commercial business indicate the business. o. Vehicle Information - provide as much information on the other vehicle as possible. p. Driver Cited - Indicate YES only if the other driver was given a written citation. q. Insurance Information - This information should be taken directly from the white insurance card of the other driver, if the white insurance card is not shown put "No proof of insurance ". r. Vehicle Removed By - If the private vehicle was towed, check the appropriate box and indicate the Wrecker Service. s. Number of Injuries - Give the total number of people injured in the other vehicle. If none mark the box "None ". t. Report Submitted By - Print the name of the employee submitting the report. u. Job Title - Indicate the job title of the employee submitting the report. v. Report Reviewed By - Print the name of the Supervisor reviewing the report for accuracy. w. Job Title - Indicate Job Title of Reviewer. 2. Page 2 information a. Other Vehicle - Use this section if a third vehicle is involved. Provide driver and vehicle information as indicated. b. Private Vehicle Passengers - In the blocks provided indicate - Total number of private passengers (non Augusta, Georgia employees); number of private passengers taken to a hospital by ambulance and number of private passengers injured but not take by ambulance. c. Employee Passengers - List by name and department the Augusta, Georgia passengers involved in the accident. In the boxes provided indicate whether they were injured and/or transported by ambulance. d. Conditions - Check the appropriate box/line for the conditions that were present at the time of the accident. i. Any claim of mechanical failure as a contributing factor to the accident will be immediately report to Fleet Management and Risk Management. e. Accident Description - Describe the accident in detail. Make sure you answer the following questions when describing the accident - Who, What, When, Where, How, Why. If more space is needed continue on a blank page. Pictures or a drawing is encouraged. Section 1000.118 Exceptions to Fleet Accident Report Any Augusta, Georgia vehicle involved in an accident which results in a law enforcement officer filling out a Georgia Motor Vehicle Accident report will not be required to have a Fleet Accident Report submitted. Section 1000.119 Witness Statements A. Written statements will be obtained from the employee driver and any Augusta, Georgia employee involved in the accident, as a minimum. All Rights Reserved 199 P a g B. Prior to submitting the witness statement with the report, it will be reviewed for completeness. Critical elements which should be answered in the statement are - Who, What, When, Where, How. C. Fleet Accident Reports are administrative investigations and as such employees involved are obligated to cooperate in the investigation. C. SAFETY TRAINING Section 1000.201 General Safety Training A. The effectiveness of a safety program is directly related to the quality of supervision, a thorough understanding of the hazardous jobs to be accomplished, the training of employees, and daily operations that consistently follow practices specified in published work rules. 1. New Employee Orientation. All new employees shall receive a safety orientation within the first thirty days on the job. This will be accomplished during the "New Employee Briefing" given to all new employees by the Human Resources Department and Risk Management. In addition, supervisors will brief their employees on Department specific safety issues. Appropriate documentation shall be maintained certifying completion of orientation on all employees. Such documentation will be signed by the employee receiving orientation training and the supervisor. The form located at RM -ANEO — AUGUSTA, GEORGIA NEW EMPLOYEE ORIENTATION will be used and when complete will be filed in the individuals personnel file. 2. Employee Safety Training. a. Training of employees in job responsibilities and job operations, proper methods and techniques to be used, and the hazards associated with the function or system are important elements in achieving safe operation. The employee's supervisor will be responsible to assure that all newly assigned individuals receive adequate training before beginning work. All training must be documented in writing and signed by the employee, supervisor and trainer, if different from the supervisor. b. Formal training is required for all employees engaged in hazardous operations such as high voltage work, chemicals, pesticides, entering confined spaces and other functions designated as hazardous by Risk Management, Department Directors, or Supervisors. c. Mandatory Repetitive Training - Form RM -MT — MANDATORY TRAINING 3. On- The -Job Training. Training will be accomplished by supervisors and foreman responsible for the individual. This training will include - a. Safety program. b. Prescribed Personal Protective Clothing and Equipment for the job. c. Emergency treatment of injuries. d. How to report a fire or serious injury and accident. e. Specific hazards associated with the job. f. General hazards encountered in the work area and how to avoid them. 4. No supervisor will assume that a newly hired, newly assigned, or reassigned employee thoroughly knows all the safe job procedures. 5. If an employee demonstrates, through accidents or continued unsafe acts, that he does not understand the safety requirements of his job, the employee will be retrained, repeat on-the-job instructions, and/or be personally counseled by the employee's supervisor and/or department head. All Rights Reserved 200 P a g e Section 1000.202 Safety Training Specifics A. The four point method (preparation, presentation, performance, and follow -up) has been found best for all hazardous operations. 1. Preparation. a. Put him/her at ease. b. Define the job and find out what he or she already knows about the job. c. Get him/her interested in learning his job. d. Place him/her in the correct position for him/her to work. 2. Presentation. a. Tell how, and illustrate one important step at a time. b. Stress each key point. c. Instruct clearly, completely, and patiently, but cover no more than can be mastered each time. 3. Performance. a. Have him/her do the job; coach him while he or she works. b. Have him/her explain each key point to you as he or she does the job again. c. Make sure he or she understands. Continue until you know he or she knows. 4. Follow -up. a. Put him/her on his or her own. b. Designate to whom he or she goes for help. c. Check frequently; encourage questions. d. Taper off extra coaching and close follow -up. Section 1000.203 Specialized Training A. Specialized training will be required from time to time for special areas of operation and to meet specific requirements of unique tasks. These include special equipment, handling of weapons, etc. 1. First Aid Training for Supervisors. All supervisors and selected employees are encouraged to be trained in first aid. Many injuries can be effectively treated in the field, thereby eliminating the need to visit a doctor for each minor injury. Adequate first aid material should be made available and under the charge of a person trained in first aid. 2. Job Training - Hazardous Work. To eliminate accidents in high hazard areas, it is mandatory that each supervisor thoroughly checks out his or her workers on the hazards that exist and ensure that they understand the methods of doing each job safely when such hazards cannot be eliminated. a. Relying on memory alone during the instruction of an employee is assurance that important items will be overlooked. It is essential that the supervisor use published work rules which define each hazardous task his or her employees are responsible for and define the correct work procedures for safe accomplishment of the task. This enables them to attain a consistent quality of instruction that instills employee confidence in their own capabilities and those of management. b. Providing the employee with a copy of the work rules after instruction ensures that he has a ready reference for his review. Procedures for job hazard analysis are as follows - (Form RM -JTA — JOB TASK ANALYSIS) i. The job is broken down into basic steps. These steps describe what is to be done and in what sequence. Details which have no bearing on the objective are to be omitted. All Rights Reserved 201 1 P a g e ii. After the steps are listed, each step is analyzed for hazards that could cause an accident. The purpose is to identify as many hazards as possible, whether produced by the environment or connected with the mechanics of the job procedure, so that each step of the entire job can be done safely and efficiently. iii. When the hazards and potential accidents associated with each step are identified and their causes understood, ways of eliminating them shall be developed. There are four ways in which this can be handled. w. Eliminate the process of operations, or provide a substitute action which can be done without the hazards, or x. Isolate the process or operation so as to eliminate or minimize the hazards, or y. Provide guards or automatic devices to eliminate or minimize the hazards, or z. Provide personal protective clothing and equipment and enforce their use to eliminate the possibility of injury. iv. Using the information gathered from the first three steps, work rules shall be written, disseminated among all employees, and maintained on file for periodic review. This becomes a document to assist the supervisor in instructing his employees in the safe method of performing their jobs and determination of the personal protective clothing and equipment required. It also provides each employee a source of information for occasional review. Appendix 8 form may be used. D. PERSONAL PROTECTIVE EQUIPMENT (PPE) Section 1000.301 PPE General Protective equipment, including personal protective equipment (PPE) for - eyes, face, head, extremities, protective clothing, respiratory devices and protective shields and barriers, shall be provided by the respective departments, used and maintained by the employee and kept in a sanitary and serviceable condition. PPE shall not be altered in any way. Form RM -PPE establishes minimum PPE required of common tasks. Section 1000.302 PPE Responsibilities A. DEPARTMENT DIRECTORS 1. Ensure PPE is available to employees involved in work requirements, which pose a potential hazard through absorption, inhalation or physical contact. 2. Ensure supervisors are instructed in policies relating to the use of PPE by employees. 3. Charge supervisors with the responsibility of enforcing policies relating to the use of PPE. B. Supervisors 1. Analyze job tasks to determine essential PPE. 2. Instruct employees on the tasks requiring PPE and the minimum PPE required for the task, to include the proper use of protective equipment. 3. Enforce policies relating to the use of PPE by employees C. Employee 1. Use PPE as directed by the supervisor or job task. 2. Identify any potential hazard of a job task, which PPE has not been identified and report it to your supervisor. All Rights Reserved 2021 P a c c Section 1000.303 General Safety Equipment A. Eye and Face Protection - Protective eye and/or face equipment shall be required where there is reasonable probability of injury that can be prevented by such equipment. Protection will be made reasonably available and employees will use such protection. Eye protection will be provided and used where machines or operation's present the hazard or potential for injury from flying objects, or splashing liquids. B. Respiratory Protection - Respiratory protection will be provided by the respective department to control occupational diseases caused by breathing air contaminated with harmful - dusts, fogs, fumes, mists, gases, smokes, sprays or vapors. The primary objective will be to prevent atmospheric contamination. Respiratory protection will be provided to protect the health of the employee. Product warning labels or material safety data warning labels or material safety data sheets will prescribe the appropriate protection necessary for employee protection. Department Directors are responsible for providing employee use and maintenance training as appropriate. C. Occupational Head Protection - Helmets for the protection of heads from impact and penetration from falling and/or flying debris or objects and from limited electrical shock and burn shall meet the requirements and specifications of the American National Standard Safety Requirements for Industrial Head Protection; Z89.1 -1969. Within the departments, employees will be required to wear protective helmets at: 1. Any construction site. 2. At any work location within 25 feet of a public road (including supervisors). 3. Grass cutting operations requiring tractor type mower with an open/unprotected driver compartment. 4. Drivers of Augusta, Georgia vehicles, with enclosed driver compartments are not required to wear protective helmets unless they exit the vehicle in an area or operation described above. Departments may designate specific colors for specific levels of workers (i.e. - workers - orange helmets, supervisors - white helmets, etc.). In all cases green helmets are designated as safety personnel. D. Foot Protection - Safety toe footwear shall meet the requirements and specifications established in the American National Standard for men's Safety Toe Footwear Z41.1 - 1967. E. Visibility Vests - 1. The non - reflective orange or other appropriate safety vest shall be used by all employees involved in construction operations, repair operations, or other official duties within 25 feet of a public road and when operations are conducted in unlimited visibility. The traffic orange shirt may be used in place of the non - reflective vest provided it is the outer most garment. 2. Employees on or within 50 feet of a public road will use the reflective orange /silver vest and when visibility is limited (fog, rain, dusk, night). This includes (but not limited to) construction, repair operations, traffic control, accident investigation or meter reading. 3. Vests will be periodically inspected to ensure serviceability. Section 1000.304 Minimum Essential Requirements A. Departments are responsible for determining minimum essential requirement for PPE. Risk Management will be informed of minimum essential requirements for PPE using the form at Form RM -PPE. B. Form RM -PPE establishes minimum essential requirements for specific tasks which are either common to more than one department or specific requirements which have, in the past resulted in needless employee injury. All Rights Reserved 203 1 P a g e 1. The Job Hazard Analysis is to be used for specific jobs. When completed, may be used as a policy /procedure within the department. — RM -JTA JOB TASK ANALYSIS 2. Once the job or task to be analyzed is determined, the steps or procedures are listed individually in the Job Steps column. 3. Each step is then analyzed for potential hazards associated with that step; these are listed in the Potential Hazards column. 4. List the activities to be accomplished to a complete the job step and include any activity or action to eliminate the hazard, in the "Prevention" column. Section 1000.305 Employee Non - Compliance/Non -Use of PPE Once an employee is trained in the use of personal protective equipment and clothing, if such items are not used the employee's supervisor will take immediate corrective and/or disciplinary action. Supervisors should document corrective action and if necessary discipline the employee as appropriate. Failure to use proper clothing and equipment could result in suspension or termination, as appropriate. Supervisors should document any action taken against the employee. Should an employee become injured as a result of not wearing prescribed personal protective equipment, he /she may be denied compensation under Workers Compensation. Section 1000.306 PPE Funding A. When PPE has been determined a requirement of the job based on the POTENTIAL for injury, Augusta, Georgia will provide such PPE, as required, at no cost to the employee. 1. Employees who lose or negligently damage or destroy PPE will be responsible for the replacement of those items. 2. Items will be replaced when equipment is no longer serviceable. Footwear will be replaced at one pair per year. E. SAFETY REVIEW COMMITTEE (SRC) Section 1000.401 Declaration There is hereby created a body known as the "Safety Review Committee ", hereafter referred to as SRC. Section 1000.402 SRC Purpose A. To review all vehicle accidents involving Augusta, Georgia vehicles to determine cause. B. To review all property damage or incidents resulting in loss, damage, or destruction to Augusta, Georgia property in excess of $1,000.00. C. To review all incidents resulting in claims, torts or loss by liability to Augusta, Georgia; as it applies to property damage, loss or destruction of property and/or resulting in bodily injury to an employee due to legal and expected operations of subordinate departments of the Augusta, Georgia. D. To review all reported injuries to employees during the course of their employment under the provisions of Workers Compensation. All Rights Reserved 204 ( P a g e Section 1000.403 SRC Membership A. One supervisory member of the Sheriffs Department holding the rank of major or below. B. One supervisory member of the Fire Department holding the rank of captain or below. C. One member of the Utilities Department serving as a first line supervisor or at the administrative level (office manager). D. One member of Public Works holding the rank between Superintendent and Foreman. E. One member of the Recreation Department serving as a first line supervisor or administrative management level. F. One representative of the Transit Department who serves as a first line supervisor or at the administrative level. G. One representative of the Marshal's Department holding the rank of captain or below. H. One supervisory representative of RCCI holding the rank of Lieutenant or below. I. One supervisory /safety officer representative of Augusta Regional Airport. J. Risk Management Manager shall serve as the Chairperson and shall vote only in the event of a tie vote. K. Department Directors or Elected Officials of members listed in the above membership listing shall appoint an alternate member to serve in the absence of primary member. Section 1000.404 Member Tenure A. Appointments of members shall be for a period of two years unless rescinded by the appointing authority. B. The departments listed below shall review their appointee the first working day of January of each even numbered year (i.e. - 1996, 1998, 2000...) and notify Risk Management in writing of the primary and alternate member. 1. Sheriffs Office 2. Utilities Department 3. Recreation Department 4. RCCI 5. Augusta, Georgia Regional Airport C. The departments listed below shall review their appointee the first working day of January of each odd numbered year (i.e. - 1997, 1999, 2001...) and notify Risk Management in writing of the primary and alternate member. 1. Marshal's Office 2. Public Works - Roads & Bridges 3. Fire Department 4. Transit Department Section 1000.405 Definitions A. Damage Assessment - A monetary forfeiture assessed against an employee found to be at fault as a result of conduct which results in a loss to the Augusta, Georgia. B. Gross or Willful Negligence - an intentional unreasonable act by an employee knowing the conduct will result in property damage or injury (i.e. - throwing a radio on the ground, provoking or starting a fight). Where the employee initiates or executes the act, knowing the possible results of his or her actions but does not care. All Rights Reserved 205 P a g e C. Negligence - Conduct that falls below the standard set by law or policy for protecting others against risk or harm. A person is negligent if he /she fails to act with a reasonable amount of care and as a result injures another person or thing. The following criteria applies — 1. The person has a legal duty or obligation to conform to a certain standard of conduct to protect others or property against unreasonable risk. 2. The person failed to conform to that standard. 3. The persons conduct is so closely related to the resulting injury or damage that it can be said to have caused it (proximate cause). 4. Actual damage (property or injury) results from the persons conduct. D. Proximate Cause - Conduct which is the primary cause from which an injury or damage follows as a direct or immediate consequence and without which the injury or damage would not have happened. Section 1000.406 Authority A. The SRC shall be empowered to — 1. Investigate any and all accidents /incidents involving employees, occurring in the course of their employment, and/or equipment which results in personal injury or property loss or damage. 2. Investigate any accidents /incidents occurring on Augusta, Georgia Property. 3. Investigate and review all personal injury accidents and Workers Compensation claims and all records and information to the same. 4. Make recommendations to policy, to any department subordinate to the Augusta, Georgia through Risk Management Committee on matters pertaining to — a. Fleet Management/Maintenance, b. Safe work practices, c. Loss prevention/security, d. Claims /tort reduction 5. Levy monetary damage assessments against employees found to be at fault in vehicle accidents or incidents resulting in property damage 6. The SRC has the authority to terminate an employee's driving privileges as recommended by the Point Matrix. The SRC can recommend to the department courses of action if driving is a major function of the employee's job responsibilities. 7. Recommend disciplinary action up to and including discharge of employment or suspension of an employee for — a. Gross negligence which results in losses to the Augusta, Georgia b. Repeated safety violations (complete documentation is required), c. Accumulation of maximum penalty driving points for driver error (see RM -SRC- PM — PENALTY MATRIX). Most employees are terminated for loss of job requirement, those who are not terminated but moved to another position the following would apply - due to liability issues, when an employee reaches the maximum points allowable in a 3 year period their driving privileges are revoked and cannot be reinstated in the future, most employees are terminated from employment for the loss of job requirement. d. Failure to pay damage assessments adjudged by the SRC and upheld by the Risk Management Committee. 8. Review and make recommendations pertaining to all matters relating to motor vehicle and general safety relative to Augusta, Georgia owned vehicles, equipment and employees. All Rights Reserved 206 P a g e 9. To direct the attendance of employees as it shall deem appropriate for the proper determination of the facts surrounding each accident and obtain such documentary evidence as shall be needed to complete its investigation. Section 1000.407 Penalties A. A standard point system will be used for all vehicle violations to insure all employees are treated equally. This point system is not associated with the Georgia drivers' point system. B. Any department disciplinary action taken against the employee will be reported to Risk Management and Human Resources and will be made a part of the accident and personnel record. C. The SRC will take into consideration any and all disciplinary action taken by the department against the employee and make adjustments to penalties as appropriate. D. PENALTY MATRIX — Form RM- SRC -PM describes the categories of accident violations and penalties. When an employee is involved in an AT FAULT accident/incident, which results in property damages less than $1105.00, the Committee may elect to set aside any penalties for 6 months. 1. If the employee is not involved in an AT FAULT accident/incident for that period of time, the employee's record will be purged of the AT FAULT ruling. 2. If the employee is involved in an AT FAULT accident/incident within that time, the incident will remain a part of the employee's record. Penalties, which were originally set aside, would take effect. Section 1000.408 Procedures A. Departments will report all vehicle accidents, damage to vehicles, equipment or property using either the Fleet Accident Report or Incident Report unless a report is made by a law enforcement official. B. All reports of accidents or incidents will be forwarded to Risk Management within 24 hours. 1. Reports requiring additional time for investigation will be telephonically reported to Risk Management. 2. Reports will include witness statements from any employee involved. C. All reports will be logged by Risk Management and scheduled for the Safety Review Committee. D. Employees will be notified by letter that their accident/incident will be reviewed by the SRC giving the date, time and location of the SRC. 1. Any employee directly involved in the accident/incident has the right to appear before the SRC. 2. Employees desiring to have witnesses speak in their behalf should contact Risk Management prior to the scheduled meeting date giving the name, department and relationship to the accident/incident of the witness. Only witnesses with first hand information will be allowed. 3. Risk Management will notify the appropriate department of witnesses to attend. 4. Employees not able to attend the scheduled meeting may request a delay by notifying Risk Management and giving the reason. 5. No one may deny the employee the right to appear before the SRC. Supervisors or DEPARTMENT DIRECTORS may request a delay for the employee based on operational necessity but must notify Risk Management of the request. E. Employees should be present at the scheduled time and place. Once called, the employee will provide information as requested by the SRC, usually an explanation of the accident/incident. All Rights Reserved 207 1 P a g e 1. Prior to the meeting the employee should review any documentary evidence, such as the Fleet Accident Report, Incident Report and/or vehicle accident report filed by the investigating law enforcement agency. THIS REVIEW IS THE RESPONSIBILITY OF THE EMPLOYEE a. Fleet Accident Reports and Incident Reports may be obtained from the employee's department or by calling Risk Management at 821 -2301. b. Law enforcement reports may be obtained from Risk Management. c. Employees who feel the police report is inaccurate should attempt to have the report corrected with the appropriate law enforcement agency prior to the Board meeting. F. The SRC will review each accident/incident to determine the employee's actions to be either AT FAULT or NOT AT FAULT. Penalties for employees found AT FAULT will be assigned in accordance with Form RM- SRC -PM G. Employees will be notified by letter of the outcome of the review. The letter will inform the employee found AT FAULT of the penalty ruled by the SRC. Employees who have been given a damage assessment by the SRC may pay by cash, check or payroll deduction using the form at RM- SRC - PARSRCDA — PERSONNEL ACTION REQUEST SRC DAMAGE ASSESSMENT. Persons wishing to use payroll deduction should notify Risk Management. Minimum deductions are established by the Accounting Department if cash payment is desired. H. Minutes of the SRC meeting will be prepared by Risk Management and forwarded to Risk Management Committee for review. Section 1000.409 Appeals A. Any employee whose case has been acted upon by the SRC has the right to appeal. B. Appeals will be made to Risk Management Committee. Appeals must be submitted to Risk Management within 10 days of receipt of notification, in writing, that the Safety Review Committee has found the employee at fault. The employee may notify Risk Management by telephone or in writing. C. Appeals may be requested for — 1. Reconsideration with no new information. 2. Reconsideration with new information. 3. Appeal as a result of financial hardship. D. Appeal Process 1. The employee will contact (by phone, in person or in writing) Risk Management of his or her desire to appeal and the reason for the appeal. 2. If the appeal is made because of new information, which was not available to the SRC at the initial ruling, the Chairperson of the SRC may elect to have the case returned to the SRB for reconsideration rather than to Risk Management Committee. Should the SRC not change their initial ruling the request is forwarded to Risk Management Committee. 3. Appeals as a result of financial hardship must be supported by documentation by the employee. Failure to provide financial documentation may result in denial of the appeal. Section 1000.410 Employee Files A. Any employee involved in an accident/incident resulting in property damage will have a file maintained in Risk Management. The file will consist of — 1. Any report of loss which the employee is directly involved in. All Rights Reserved 1Page P a 2. Any witness statement available concerning the accident/incident. 3. Any documentation - invoices, estimates, pictures or allied documents pertaining to the incident. B. On the inside cover of the employee record an incident summary will be annotated with the date of incident, SRC ruling, and penalties assigned. C. Entries will be purged (lined through) to ensure only incidents within the past 3 years remain active. D. Points, which have been accumulated, remain effective for 3 years, for the purpose of SRC rulings on penalty adjustments. E. Employees have the right to review their files by contacting Risk Management. F. Employee records will be maintained as active records as long as they are employed by the Augusta, Georgia. G. Records will be moved from the active file to inactive file when the employee is terminated or resigns. This file will be retained for 7 years after the last incident, at which time the complete file will be destroyed. Section 1000.411 Employee Point System A. Employees who are found AT FAULT by the Safety Review Committee may be awarded administrative points for damage, loss or destruction to property or for causing vehicle accidents or causing property damage. B. Points will accumulate for a period of 3 years at which time they will "roll off'. The points are used as a method to evaluate the risk potential of an employee. The more points that accumulate during a three year window, the higher the risk the employee is to their department and to public safety. C. As a deterrent to reckless job performance by the employee, the employee's points accumulation could lead to disciplinary action by DEPARTMENT DIRECTORS as indicated below, this is in addition to action taken by the Safety Review Committee - 1. 5 to 8 points — Written Reprimand 2. 9 to 11 points — 3 Day Suspension 3. 15 points - terminate F. RISK MANAGEMENT COMMITTEE (RMC) Section 1000.501 Declaration There is hereby created a body known as the "Risk Management Board" hereafter referred to as RMC. The department will respond in writing to the recommendation made by Risk Management Committee outlining what action will be taken concerning the recommendation and what date the action will be taken. Section 1000.502 RMC Membership A. Chairperson - Director, Finance Department (Votes to break tie votes) B. Co- chairperson - Risk Management Manager (Nonvoting Member) C. Chief Deputy of Administration - Sheriffs Department (Member) D. Battalion chief or higher- Fire Department (Member) E. Warden - RCCI (Member) F. Assistant Director Public Works (Member) All Rights Reserved 209 ( P a g e G. Superintendent - Utilities (Member) H. Director of Recreation (Member) I. Workers' Compensation Coordinator (serves as Secretary - Nonvoting) Section 1000.503 Objectives A. To review all decisions of the Safety Review Committee and serve as the appeal board in which employees may appeal decisions rendered by the Safety Review Committee. B. To recommend new and revised policies and procedures for Risk Management Safety manual. C. To develop a two year plan of action to reduce Workers' Compensation costs, reduce property loss, and eliminate exposures to liability through loss control prevention. D. To develop a mission statement conducive to the commitment of providing a safe working environment to all employees. E. Review all liability losses incurred and make recommendations on how to prevent a reoccurrence. F. Make recommendations to appropriate department management as to disciplinary action(s) to be taken for employees proven to violate rules set forth in Risk Management Manual. Disciplinary recommendations may be oral warnings, written warnings, suspensions, and termination of employment. G. Make recommendations to any department concerning loss control- prevention. These recommendations will be in writing and submitted to the highest level of management G. WORKERS COMPENSATION Section 1000.601 Purpose A. The Workers Compensation policy is established to provide procedures, guidance and information for the medical care of employees who are injured "in the course of their employment ". All aspects of Workers Compensation are governed as a matter of Georgia law. B. The purpose of this policy is to provide to all Augusta, Georgia employees a guideline relating to the administration of Workers' Compensation benefits, and to outline their obligation under the Georgia State Workers' Compensation law. C. Nothing in this policy shall or is intended to conflict with the Georgia State Workers' Compensation law. In the event any information of this policy is in conflict with the law the law prevails. Any questions of the application of the Worker's Compensation Law or interpretation of this policy shall be immediately addressed to Risk Management. Section 1000.602 General A. By law the Augusta, Georgia is required to provide Workers' Compensation benefits to its employees. Augusta, Georgia has elected to Self - insure this program. B. Program administration is the responsibility of Risk Management who may use the services of an independent claim handling Service. C. It is the INTENT of the Augusta, Georgia to comply in all regards with the Worker's Compensation law of the State of Georgia. D. Any employee involved in an accident which results in him or her requiring and/or receiving medical treatment for injuries will be tested for illegal substances. All Rights Reserved 210 1 P a g e Section 1000.603 Definitions A. WORKERS' COMPENSATION LAW - The State of Georgia law that requires that Augusta, Georgia provide and pay certain benefits on behalf of or to an employee - who is injured by an accident which arises out of or during the course of his or her employment, or who suffers an occupational disease as defined in the law. B. EMPLOYEE - Any individual (other than elected officials and employees of Independent Service Contractors) employed by the Augusta, Georgia. This includes - full -time employees, part-time employees and temporary employees hired and paid directly by the Augusta, Georgia. C. COMPENSABLE INJURY OR DISEASE - Any injury by accident which arises out of or during the course of employment or an occupational disease as defined in the State of Georgia Workers' Compensation Law. D. WORKERS COMPENSATION BENEFITS - 1. Benefits as defined in the Workers' Compensation Law which pay for lost income and medical services directly resulting from a compensable injury or disease. a. The first seven calendar days are not payable unless the employee is out over twenty -one calendar days. If available, accrued leave will be used for the first seven days. b. Two thirds of the employees' average gross wages will be paid up to maximum benefit per week as allowable by State law. c. Compensation for certain line -of -duty injuries of law enforcement officers, firemen, and employees of the corrections department will be in accordance with the Personnel Policies and Procedures Manual. E. DISABILITY - The inability of an injured employee to return to suitable work which is a direct result of his or her compensable injury or disease and is supported by an authorized treating physician. F. PANEL OF PHYSICIANS - The list of four or more physicians chosen by Augusta, GA to provide medical services to employees who sustain a compensable injury or an occupational disease. G. AUTHORIZED TREATING PHYSICIANS - The list of four or more physicians chosen by Augusta, Georgia to provide medical services to employees who sustain a compensable injury or an occupational disease. H. GEORGIA STATE BOARD OF WORKERS' COMPENSATION - The State Board that is authorized by law to administer Workers' Compensation matters. The Board is empowered to 1. Make and enforce rules and regulations; 2. Hold hearings concerning disputed issues; 3. Assess penalties for non - compliance and approve settlements of disputed issues. Section 1000.604 Responsibilities A. Department Directors 1. Insure that employees and supervisors follow correet procedures for filing job related accident reports and injury. 2. Insure that supervisors investigate all accidents and report all injuries or alleged injuries, and take the appropriate steps to provide the necessary medical care to treat the compensable injury. 3. Conduct your own investigation and where necessary take appropriate steps to insure the cause of the accident is corrected as soon as possible to prevent a recurrence. 4. Report immediately any concerns relating to the accident or injury to Risk Management. All Rights Reserved 211 1 P a g e B. Immediate Supervisors 1. Insure that the injured employee is provided with first aid treatment or if necessary is provided with emergency medical care. 2. File a First Report of Injury with the Risk Management Department within 24 hours after being made aware that a job related accident/injury has occurred or is being alleged. 3. Report by phone immediately any accident involving a serious injury and/or serious injury and/or death. 4. Thoroughly investigate the accident or alleged accident and includes the results of the investigation in the First Report of Injury. If all information is not available the report may be submitted as an initial report by marking the appropriate box on the form. 5. If an employee is not able to return to work, will periodically check on the employee by telephone to inquire about the employee's recovery. This will be done on a daily basis. Contact Risk Management to advise them of the employee's condition and progress. C. Employees 1. Report all accidents and/or injuries, regardless of how trivial, to his or her immediate supervisor as soon as the injury occurs. If the injury prevents an immediate report, the employee must report the injury AS SOON AS POSSIBLE or have someone do so on the employee's behalf. 2. Those employees who are witnesses to a job related injury must fill out a witness statement. D. Risk Management 1. Administrates all phases of the Augusta, Georgia's Worker's Compensation Program a. Ensure that all employees, supervisors and department directors comply with procedures relative to Worker's Compensation directors comply with procedures relative to Worker' Compensation. b. Continuously monitor all phases of the Workers' Compensation Program to ensure complete compliance with the State Law and compliance with the purpose and intent of this Policy. 2. Make recommendation and/or approve any additions to or changes related to the panel of authorized physicians. 3. Make recommendations and/or approve any additions to or changes of the Policy and Procedure Manual. 4. Is the only approving authority for medical treatment covered under Workers Compensation. Section 1000.605 Emergency Procedures A. Supervisors 1. Seek immediate medical services for the injured employee. 2. Inform the emergency room staff that the injured employee is an Augusta, Georgia employee and request that follow -up care be referred to a panel physician after emergency treatment has been performed. 3. Inform the department head and Risk Management of the accident as soon as possible and complete and file an accident investigation report within 24 hours. Section 1000.606 Non - Emergency Procedures A. Employee reports the injury to his or her immediate supervisor as soon as possible but no later than the end of the day's shift. All Rights Reserved 212 P a b e B. Supervisor and/or department head assist the employee in receiving medical treatment from a panel physician, or if appropriate on weekends, holidays or nights from an emergency room. C. If appropriate the supervisor and/or the department head should accompany the injured employee to the physician's office or emergency room. D. Provide the injured employee with an ORDER FOR WORKERS' COMPENSATION MEDICAL TREATMENT Form RM -WCMT be presented by the employee to the authorized treating physician. The employee should return the completed form to the supervisor after visiting the physician. E. If an employee is referred to a panel physician and then to a specialist for follow -up treatment, the specialist becomes the authorized treating physician. Section 1000.607 Clearance to Return to Work A. For minor injuries treated at an emergency room the employee is expected to return to work as soon as the treatment has been given. B. For injuries treated by a panel physician or a referral specialist, the authorized treating physician will make a medical determination of the employee's return to work status and will give the employee a written slip to be given by the employee to his supervisor or department head. Section 1000.608 Workers Comp Temporary Duty Purpose A. The purpose of the Temporary Duty Program is to temporarily place employees who have sustained work - related injuries, in positions consistent with the medical restrictions prescribed by an authorized treating physician. Ideally, the employee will work within his or her own department. However, it may become necessary to place the employee in another department or shift to accommodate their medical needs. B. The goal of the program is to promote psychological recovery and to minimize lost time by encouraging appropriate levels of activity for injured employees. C. Risk Management will be responsible for administering the Temporary Duty Program. Section 1000.609 Workers Comp Temporary Duty General Guidelines A. Departments may request temporary duty assistance by submitting the Request for Temporary Duty Assistance to Risk Management. B. Departments should be innovative in developing and assigning meaningful tasks which will allow the employee to utilize his or her experience, education and physical capability. C. The temporary duty employee's home department is responsible for all expenses associated with the employee for the duration of their temporary duty status. D. It is the responsibility of the employee to adhere to the temporary limitations identified by his or her authorized treating physician. E. The supervisor of the assigned department is responsible for ensuring that employees in temporary duty assignments work within the identified medical restrictions. F. The employee's work schedule, leave, etc., will be coordinated by the supervisor of the assigned department. G. The supervisor of the temporary duty employee will be responsible for submitting time sheets to his or her home department. If the employee is assigned to more than one department, the supervisor from each department must submit a time sheet to the employee's home department. H. The supervisor of the assigned department will be responsible for completing the Temporary Duty Employee Performance Evaluation , which will be used to support the employee's All Rights Reserved 213 1 P a g e personnel evaluation. The evaluation form is required only if the employee is assigned temporary duty under a different supervisor. I. The duration of the temporary duty assignment may range from one day to a maximum of twelve weeks, unless otherwise approved by Risk Management. Temporary duty assignments may be used in conjunction with FMLA. Section 1000.610 Workers Comp Temporary Duty Assignment A. Once the physician assigns an employee to temporary duty status, the employee must submit a copy of the Physical Capacity Evaluation Form to Risk Management (via fax). The employee or the employee's supervisor may call Risk Management the next working day for a temporary duty assignment. Exceptions would be those employees who are capable of performing in their regular duty assignment or department, with accommodations being made by their home department. B. Risk Management, under the advisement of the adjuster, authorized treating physician and /or rehabilitation professional, will assign the employee to a temporary position which meets the employee's medical restrictions. Consideration will be given to the employee's home department, assignment, shift, etc. However, if temporary duty cannot be arranged within the employee's home department, the employee will be assigned to a different department, if available. C. The temporary duty employee has an obligation to adhere to the policies of the assigned department. If the employee's work habits are not conducive to the overall effectiveness of the assigned department, then the assigned supervisor may request that the temporary employee be placed elsewhere. This request must be submitted to Risk Management in writing. D. If an employee chooses not to work in an assigned temporary duty position within the medical restrictions prescribed by the authorized treating physician, then indemnity benefits will not be paid. E. Risk Management is responsible for notifying the employee's home department of the employee's temporary placement and providing updates regarding changes in the employee's medical restrictions. Section 1000.611 Returning to Full Duty from Workers Comp Temporary Duty A. Once the authorized treating physician releases the employee to full duty, the employee must return to his or her home department with the Return to Work authorization. The home department is responsible for notifying Risk Management before the next working day by faxing a copy of the Return to Work authorization. Risk Management will inform the assigned department of the employee's change in work status. B. Worker's compensation law does not require the Augusta, Georgia to hold the injured employee's position until he /she can return to work. Employees' whose injury constitutes a "serious health condition" as defined in the Family and Medical Leave Act (FMLA) and is on leave will be placed on FMLA for up to twelve weeks. If an employee is unable to return to full duty at the end of FMLA, a maximum of twelve weeks of temporary duty will be offered to transition the employee back into the workplace. Employees ineligible for FMLA will be granted up to twelve weeks of temporary duty. C. While assigned to temporary duty, Risk Management will obtain status reports from the authorized treating physician. If the physician determines that the employee is unable to return to his or her permanent position, Risk Management will request that a rehabilitation professional perform a job accommodation analysis or a transferable skills analysis. Based on All Rights Reserved 214 ( P a g e this analysis, the Augusta, Georgia will assist the employee with obtaining a position which meets his or her skill level and medical limitations. D. In the event the employee's permanent restrictions meet the ADA requirements, the Augusta, Georgia, upon the employee's request, will make reasonable accommodations for the employee's placement based on a job accommodation analysis performed by rehabilitation professional. E. If Augusta, Georgia cannot accommodate employees who have received permanent restrictions, Human Resources will work in collaboration with Risk Management and a rehabilitation professional to determine a position which is appropriate for his or her skill level and medical limitations. Section 1000.612 Workers Comp Temporary Duty Definitions A. ADA - American with Disabilities Act - a civil rights bill giving individuals with disabilities protection from discrimination in employment and in access to commercial facilities, transportation, telecommunications, and state and local governmental services. B. Assigned Department - department where injured employee is placed pending full medical release to job of injury. C. Authorized Treating Physician - physician who is authorized under the Augusta, Georgia's Panel of Physicians to provide treatment to Augusta, Georgia employees. D. Primary Department - department in which employee was hired. In most instances, the department where the employee worked at time of injury. E. Indemnity Benefits - cash benefits paid to an injured worker to replace part of wages lost as a result of a work injury. F. Job Accommodation Analysis - an analysis of a position which attends to any specific work station modification that would allow someone to do their job. G. Rehabilitation Professional - person certified and approved by the State of Georgia in the field of disability management. H. Return to Work Authorization written authorization, from the authorized treating physician, allowing the injured employee's return to duty. I. Temporary Duty Assignment - temporary job assignment which meets the medical restrictions as prescribed by the authorized treating physician. Assignment is not to exceed 24 weeks. J. Transferable Skills Analysis an analysis of the injured employee's past employment skills which would allow a transfer to new employment. K. Physical Capacity Evaluation Form - notification from the authorized treating physician which outlines the medical limitations of the injured employee. Section 1000.613 Workers Comp Temporary Duty Forms A. Request for Temporary Duty Assistance Form B. Temporary Duty Employee Performance Evaluation Form All Rights Reserved 2151 P a g e CHAPTER XI. OTHER RISK MANAGEMENT RELATED POLICIES A. CLAIMS ADMINISTRATION Section 1100.001 Claims Administration Purpose To establish policy, procedures and guidance in response to claims, torts, potential law suits or any allegations of damage or injury by employees or equipment belonging to, or under contract by Augusta, Georgia. Section 1100.002 General Claims Administration Policy A. No person employed by the Augusta, Georgia will accept responsibility for damages or injury to persons or property owned by the general public. B. All incidents of damage to property or equipment or injury to the general public will be reported to Risk Management by telephone, and followed up with the Augusta, Georgia Incident Report (Form RM -AGIR) or Fleet Accident Report (Form RM -FAR). C. Any employee knowing of an incident (injury or damage) which involves an employee or equipment of Augusta, Georgia and the general public will report the incident immediately. D. Damage to Augusta, Georgia equipment or property will be reported to supervisors at the earliest opportunity. This includes acts of vandalism and theft. E. Injuries received during the course of employment will be reported and the procedures for Workers Compensation will be followed. F. Any incidents of theft will be reported to the appropriate law enforcement agency as well as following the procedures of this section. G. Risk Management will not accept claims from employees for the loss, theft, damage or destruction of personal property not directly related to Augusta, Georgia operations. Section 1100.003 Claims Administration Responsibilities A. Risk Management - Serves as the primary department under the Augusta, Georgia for processing claims, torts, settlements and law suits against Augusta, Georgia and its subordinate departments. B. Department Directors - 1. Establish procedures for the reporting of all claims of — a. Property damage, loss or theft of Augusta, Georgia owned property; b. Damage to property owned by the general public; c. Injury to the general public by Augusta, Georgia equipment, personnel or injury to the general public within Augusta, Georgia facilities. 2. Notify Purchasing Department of any Augusta, Georgia equipment that is lost through damage or theft, specifically — a. Property with an asset number;(See Fixed Asset Policy; February 7, 1995) b. Property with a serial number; c. Any communication type equipment; d. Any media type property (i.e. cameras, TVs, radios, stereos, projectors); e. Computer /word processor type equipment; f. Equipment under lease or contract; g. Machinery /power tools; All Rights Reserved 2161P a g h. Property valued in excess of $99.00, which is not by its nature expendable. 3. Ensure supervisors are familiar with reporting responsibilities /procedures. 4. Implement necessary policies to reduce loss or injury. Section 1100.004 Claims Administration Procedures A. Any employee having knowledge of an incident involving Augusta, Georgia property or operations which could lead to a claim against the Augusta, Georgia will report the incident to their supervisor as soon as possible. B. A telephonic report will be made by the designated department representative to Risk Management, as information only, on any injuries to the general public with implications of Augusta, Georgia involvement. A written report should be completed and forwarded within 24 hours of the incident. C. An Augusta, Georgia Incident Report (Form RM -AGIR) or Fleet Accident Report (Form RM- FAR) will be completed and forwarded to Risk Management within 24 hours of the incident. If the department investigation is not complete within the prescribed time, the department representative should contact Risk Management. D. Recovery/replacement of department losses will be coordinated through Risk Management. E. Risk Management will replace lost, stolen, or damaged equipment (no vehicle) on a case by case basis. Generally replacement is limited to department equipment if the equipment is essential to the whole departments operation. B. HOUSEKEEPING Section 1100.101 Housekeeping Policy Overview It is the intent of Augusta, Georgia to provide for a safe work environment. To this end work sites shall be constantly monitored by supervisors and foreman to ensure potential hazards to employees and the general public are reduced to the maximum extent possible. Employees will be required to keep their work areas picked up and free of hazards. Section 1100.102 Housekeeping Good housekeeping is an important element of accident prevention. It should be of primary concern to all supervisors and foremen. Good housekeeping should be planned at the beginning of the job and carefully supervised and followed to the final clean-up. Housekeeping should be the concern of each worker and not left for the clean-up crew. Confusion will be reduced and operations will be more when the work area is neat and orderly at all times. Section 1100.103 Housekeeping Procedures A. Plan Ahead - A materials storage area which has been planned is safer and cleaner than one which has been developed haphazardly. B. Assign Responsibilities - If the size of the job and working force merits, a crew should be specifically detailed to clean up continuously. In any event, housekeeping should not be haphazard; duties should be assigned to one or more responsible persons. C. Implement the Program - Housekeeping should be part of the daily routine with clean-up being a continuous procedure. All Rights Reserved 217 P a g e Section 1100.104 Rules for Housekeeping A. Storage Areas - All materials should be maintained in neat stockpiles for ease of access. Aisles and walkways should be kept clear of loose materials and tools. B. Work Areas - Loose materials, waste, etc. should be cleaned up immediately. This is especially important in aisles and in the vicinity of ladders, ramps, stairs, and machinery. C. Areas Used by Personnel - Empty bottles, containers, and papers should not be allowed to accumulate where lunches are eaten on the job site. Trash disposal cans should be provided. D. Oil and Grease - Spills of oil, grease, or other liquid should be removed immediately or sprinkled with sand or an oil absorbing compound. E. Disposal of Waste - An effective means of preventing litter is the provision of suitable receptacles for waste, scrap, etc. should be stored in a safe place, such as a covered metal container, and disposed of regularly. F. Protruding Nails - Protruding nails should either be removed or bent over. This should be done as this hazard develops. Cleaned lumber should be stacked in orderly piles. Workers performing this task should wear heavy gloves and puncture proof insoles. G. Lighting - Adequate lighting should be provided in or around all work areas passageways, stairs, ladders, and other areas used by personnel. H. Defective Equipment - All equipment, especially electric cords and plugs, should be checked and defects reported. I. Tripping Hazards - Loose floor covering, stair treads, etc., should be examined and repaired immediately. C. SAFETY INSPECTIONS Section 1100.201 Safety Inspections Department Directors shall require the department safety officer to make monthly safety inspections of the work activities and facilities. The purpose of the safety officer's safety inspection is to identify, eliminate, or control physical hazards (in the work place) and unsafe work practices by the employee. The following form is provided for reporting results of safety inspections. A copy of the inspection report will be forwarded to Risk Management and reviewed for appropriate action by the Safety Officer, Risk Management. Section 1100.202 Inspections A. All safety officers shall make monthly inspections of the work activities, buildings, and premises. The Building Service Director will assume the responsibility of the monthly safety inspection of the Municipal building, Annex and Law Enforcement Center. Attention will be directed to - 1. Work practices; 2. Housekeeping and general physical conditions; 3. Waste collection and disposal; 4. Fixed and mobile equipment; 5. Storage of flammable liquids or gases; 6. Use and storage of supplies or equipment; 7. Firefighting equipment. All Rights Reserved 218 P a g e D. LOSS PREVENTION Section 1100.301 Loss Prevention Purpose The purpose of this section is to provide policy and guidance on the prevention of loss of equipment and supplies by - theft, negligence misappropriation, willful destruction, or lost equipment. Section 1100.302 Loss Prevention Policy Each employee of Augusta, Georgia has a direct responsibility to safeguard equipment and supplies entrusted to him or her in the performance of their official duties. To this end, every employee will take reasonable and necessary precautions to prevent the loss, destruction, damage to or misappropriation of equipment and/or supplies belonging to Augusta, Georgia. Section 1100.303 Loss Prevention Applicability This section applies to all departments, agencies, offices or sections subordinate to Augusta, Georgia. Section 1100.304 Loss Prevention Responsibilities A. Department Directors 1. Establish departmental policies and procedures for the accountability of property and supplies. Policies will be in writing and posted for employee notification. The form Policy Letter (Form RM -PL) may be used for this purpose. 2. Ensure their respective departments maintain an accurate listing of equipment having serial numbers and/or asset numbers, not including vehicles. 3. Periodically checks to ensure property with asset numbers or serial numbered items is inventoried (a minimum of once each year - September) and provides a report to Purchasing. 4. Submits an Incident Report (Form RM -AGIR) upon learning of the loss, damage, destruction or theft of department property in excess of $1105.00 or property with an asset number, to Risk Management. B. Supervisors 1. Will ensure all employees under their direct supervision are aware of departmental policies on loss prevention. 2. Will ensure employees are trained on the proper use of assigned equipment. 3. Makes on the spot corrections to employees abusing equipment or in violation of their policy. 4. Responsible for common use equipment assigned to their crew, section, or team. 5. Periodically inspects common use equipment and equipment assigned to subordinates to ensure proper maintenance and care. C. Employees 1. Responsible for the proper maintenance and security of equipment assigned to him/her. 2. Takes necessary action to prevent the loss, damage, destruction or theft of property assigned to him/her. 3. Reports any loss, damage, destruction or theft of property assigned to them, immediately to their supervisor. All Rights Reserved 2191 P a g e Section 1100.305 Lost, Damaged or Destroyed Property A. Employees charged with equipment which has been lost, damaged or destroyed will report such to their supervisor. 1. An "Incident Report" (Form RM -AGIR) will be filled out and submitted to the department head. a. Reports covering equipment that is essential to "total" department operations (i.e. - radio base station [as opposed to a single radio], office computer, single specialized piece of equipment, etc.) will be forwarded to Risk Management. b. Reports covering equipment that is not essential to "total" department needs will be disposed of by the department head in accordance with departmental policy. c. Before liability is established it is essential the department head have the incident investigated by a disinterested party. d. Any equipment with an asset number which is lost, damaged or destroyed beyond repair will be reported to the Purchasing Department who maintains a master list. Section 1100.306 Theft or Vandalism A. Property which has been stolen will be reported to the Sheriffs Department (or appropriate law enforcement agency) and an incident report submitted to Risk Management. A copy will be sent to Purchasing by Risk Management. B. Property which has been vandalized will be reported to the Sheriffs Department (or appropriate law enforcement agency) and an incident report submitted to Risk Management. C. The loss or theft of an Augusta, Georgia owned/purchased firearm will be reported immediately to the Sheriffs Department and an incident report forwarded to Risk management. Section 1100.307 Property Accountability A. Issued Personal Equipment - Equipment which is issued to an employee is the responsibility of the employee the equipment is issued to. As such the employee will take reasonable and necessary precautions to safeguard and maintain property issued to them. B. Equipment should be inspected upon receipt for serviceability and ensure that no damage is apparent. Inspections should be made at the time of issue by the receiver. C. Equipment issued for the sole use by the employee may be issued on a Property Receipt Form (Appendix 10). A copy of this receipt should be maintained on file at the department. D. Common use property, issued for short duration should be routinely inspected by the receiving employee at the time of receipt. Any damage should be immediately reported to the supervisor or person issuing the equipment. E. TO ESTABLISH COMMON WRITTEN POLICY AMONG DEPARTMENTS - Employees must exercise due care with small and/or portable equipment assigned for their use, i.e. power tools, two -way radios, laptop computers, GPS handheld devices, cameras, cell phones, pagers, etc. When equipment of a portable nature is issued /assigned to an employee and that equipment is lost, damaged, destroyed or stolen (not recovered) the employee will be expected to pay the replacement cost of such property. • All Rights Reserved 220 1 P a g e Section 1100.308 Supplies A. Supplies are classified into two categories - expendable but accountable (construction materials, replacement parts, consumable goods, etc.) and expendable - non - accountable (office materials - pens, paper, etc.). 1. Accountable Supplies must be track able by audit (purchase order to work order, purchase order to job, etc). Materials in excess of job requirements must also be accountable. 2. Expendable supplies should be regulated to protect against misappropriation. 3. Consumable goods should be auditable from the time of issue to the supported activity and bank deposit (if appropriate). Items which have spoiled or must be destroyed (non - sellable) must be accounted for as an annotation on an inventory sheet or a memorandum of destruction, giving all pertinent data to include the reason for destruction. E. VEHICLE OVERSIGHT PROGRAM Section 1100.401 Vehicle Oversight Program Purpose A. The Vehicle Oversight Program has numerous purposes - 1 . Provides management a tool to better utilize available resources. 2. Provides management a tool to monitor employee productivity. 3. Enhances the risk reduction program. 4. Reinforces current vehicle utilization policy (Fleet Management) 5. Increases safety awareness 6. Enhances Augusta Cares Program Section 1100.402 Vehicle Oversight Program Concept Vehicles owned by the Augusta, Georgia Commission will have Global Positioning Systems (GPS) installed with monitoring capability at the respective department level. Central monitoring will be available through Risk Management and Fleet Management as well. Cost of the system and monitoring fees will dictate the number of systems installed. Section 1100.403 Vehicle Oversight Program Applicability This program is applicable to departments and agencies subordinate to the Augusta, Georgia Commission. Vehicles assigned to Constitutional Officers or Elected Officials are not subject to this program. Section 1100.404 Vehicle Oversight Program Responsibilities A. Administrator - Overall responsible for the overall supervision of the monitoring program. B. Risk Management - Provides for program implementation, information briefings to respective departments and provides primary centralized monitoring of vehicles. Coordinates funding for program support, continuity and sustainment. All Rights Reserved 221 1 P a g e C. Fleet Management - Assists Risk Management with program implementation and coordination. Provides secondary centralized monitoring of vehicles. Responsible for coordinating the installation of systems on vehicles as directed. D. Departments - Provides departmental monitoring and operational supervision. E. All employees will be required to sign a form (Employee Acknowledgement Vehicle Oversight Program form) that acknowledges they understand GPS devices will be used in vehicles /equipment owned by the Augusta, Georgia Commission and they are aware of potential consequences when abuse is discovered. Section 1100.405 Vehicle Oversight Program Funding A. Initial Funding - provided by Risk Management and will include the purchase of system hardware, activation and monthly /annual fees. B. Sustainment Funding - provided by Risk Management for the monthly fees and included in the allocation process. All Rights Reserved 2221 P a b c Form RM -PPE Personal Protective Equipment - SAFETY /RISK MANAGEMENT MANUAL SECTION 7 Minimum Essential Personal Protective Equipment H = Head E = Eye F = Face R= Respiratory V = Vest X = Required Protection O = Recommended Protection Job /Activity H E F Hear R Hand V Foot NOTES General Construction X 0 X X See C, 5, a Traffic Control X X 0 Operations /Flagging Heavy Equip 0 0 0 0 Based on the type of Operations operation, Depts. establish requirement Tractor Mowing - X 0 X Unprotected Cab Truck Driving -CDL 0 0 Vest is recommended to have available should the driver get out at a construction site Pesticide Spraying X X To be in compliance with the manufacturer's suggested safety equipment listed on the MSDS or product waming label. Spray Painting X X See above Power Tools X X X Air Tools X X 0 Winches X X X X Sewer Operations X 0 0 X X As directed by Director, W &S Push Mower with gas X X X engine The basis for determining the need for protective equipment is, according to OSHA standards, that if the potential for injury exists then protective equipment should be used. All Rights Reserved 223 1 P a g e Form RM -ODC OPERATORS DAILY CHECKLIST DATE- OPERATOR - VEHICLE # - ASSET # - MILEAGE - ITEM CHECKED O.K. () NEEDS MAINTENANCE 1. Flom 2. Brakes (including Park) 3. Lights - a. Head Lights b. Tail Lights c. Tum Signals d. Brake Lights e. Back up Lights f. 4 way flasher /hazard 4. Tires - (tread /pressure) 5. Seat Belts - 6. Fluid Levels - a. Coolant b. Oil c. Brake d. Power Steering e. Transmission 7. Battery 8. Windshield Wipers and fluid 9. Clutch 10. Damage to interior /exterior Beginning and end of day 11. Note any unusual noise /problem 12. Other - DATE TIME IN SIGNATURE All Rights Reserved 2241 P a g e Form RM- DVI -UV DAILY VEHICLE INSPECTION UNASSIGNED VEHICLE Department Vehicle# ASSET# TAG # DATE DRIVER SUPERVISOR REVIEW 1 2 3 4 5 6 7 INSPECTION ITEMS ITEM SU M T W TH F S 1. ENGINE COMPARTMENT - a. Belts b. Oil level c. Brake fluid d. Water /coolant e. Transmission fluid f. Hoses g. Battery h. Power steering 2. TIRES (air/tread) 3. LIGHTS - a. Head (Hi /Low) b. Park c. 4 -Way flasher d. tum signals e. Brake 4. DRIVER COMPARTMENT - a. Hom b. Windshield wipers c. Mirrors d. Seat belts 5. EXHAUST LEAKS All Rights Reserved 225 P a g e DAILY VEHICLE INSPECTION Fonn RM -DV/ AB AIR BRAKES DEPARTMENT - I DRIVER - DATE - VEHICLE # - ASSET # - ENGINE COMPARTMENT BELTS - Alternator FLUIDS - Steering COMMENTS 0 ❑ Transmission ❑ Compressor ❑ Other ❑ Water Pump ❑ Other ❑ Steering Linkage ❑ HOSES - Slack Adjusters ❑ ❑ Leaf Springs ❑ FLUIDS - Water Rim Seals ❑ Oil ❑ TIRES 0 TREAD - Check all tires for tread; front tires 4/32 inch minimum with matching tread; rear 2/32 inches - minimum. SIDEWALL - check for visible punctures, separation, bulges or cuts; PRESSURE - follow manufacture's recommended pressure. ELECTRICAL & BRAKES LIGHTS - Left Right BRAKES - COMMENTS HI Beam 1. Low Pressure Signal Low Beam 2. Spring Brakes - Park - Front 3. Air Pressure Buildup rate Rear 4. Air Leakage Rate - Tum - Front 5. Air Compressor cut in /out Rear Pressure - Hazard Clearance (See Reverse of form) Brake CAB Doors /locks _ Windows _ COMMENTS Windshield _ Wipers _ Mirrors _ Steering play (less than 2') Fire Extinguisher _ Waming Triangle Gauges _ Hom UNDERCARRIAGE Frame _ Cross- members _ COMMENTS Drive Shaft _ Exhaust _ Leaf Springs _ Slack Adjusters _ (1 in.) Mounting hardware Fuel Tank _ Drain air tanks to eliminate water /condensation Signature - Page 1 of 2 All Rights Reserved 226 I P a g Page 2 of2 Air Brakes TEST LOW PRESSURE WARNING SIGNAL - Shut TEST AIR LEAKAGE RATE - the engine off when you have enough air With a fully charged air system pressure that the low pressure waming (typically 125 psi), tum off the signal is not on. Tum the electrical power on engine, release the service brake, and step on and off the brake pedal to and time the air pressure drop. reduce air tank pressure. The low air The loss rate should be less than 2 pressure waming signal must come on psi in one minute for single vehicles, before the pressure drops to less than 60 psi less than 3 psi in one minute for in the air tank (or tank with the lowest air combination vehicles. Then apply pressure, in dual air systems). 90 psi or more with the brake pedal. After the initial pressure If the waming signal doesn't work, you could drop, if the air pressure falls more lose air pressure and you would not know it. than 3 psi in one minute for single This could cause sudden emergency braking vehicles (more than 4 psi for in a single circuit air system. In dual systems combination vehicles) the air loss the stopping distance will be increased. rate is too much. Check for air Only limited braking can be done before leaks and fix before driving the the spring brakes come on. vehicle. Otherwise, you could lose your brakes while driving. CHECK THAT THE SPRING BRAKES COME ON CHECK AIR COMPRESSOR GOVERNOR AUTOMATICALLY - CUT - IN AND CUT - OUT PRESSURES - Chock the wheels, release the parking brakes when you have enough air pressure Pumping by the air compressor to do it, and shut the engine off. Step on should start at about 100 psi and and off the brake pedal to reduce the air stop at about 125 psi. (Check tank pressure. The "parking brake" knob manufacturers specifications.) Run should pop out when the air pressure falls to the engine at a fast idle. The air the manufacturer's specification (usually in a governor should cut -out the air range between 20 - 40 psi). This causes the compressor at about the spring brakes to come on. manufacturers specified pressure. The air compressor at about the CHECK RATE OF AIR PRESSURE BUILDUP - manufacturers specified pressure. With the engine at operating RPM, the The air pressure shown by your pressure should build from 85 to 100 psi gauge(s) will stop rising. With the within 45 seconds in dual air systems. (If the engine idling, step on and off the vehicle has larger than minimum air tanks, brake to reduce the air tank the buildup time can be longer and still be pressure. The compressor should safe. Check the manufacturer's cut-in at about the manufacturer's specifications.) In single air systems (pre specified cut -in pressure. The 1975), typical requirements are pressure pressure should begin to rise. buildup from 50 to 90 psi within 3 minutes with the engine at an idle speed of 600 - 900 RPM. If air pressure does not build up fast enough, your pressure may drop too low during driving, requiring an emergency stop. Don't drive until you get the problem fixed. All Rights Reserved 227 1 P a g e FLEET ACCIDENT REPORT Form RM -FAR Augusta, Georgia Date of Accident - Day of the Week Time - No. of vehicles involved - Case No. OAugusta OPrivate Location /Address - Olntersection OAugusta, Georgia OOutsideAugusta, Georgia Augusta VEHICLE OTHER VEHICLE Drivers Last Name - First Drivers Last Name - First Department Dept # - Address - Phone Dept Address - Phone - City State Zip Code License # - State - Class - Expires Drivers License # - State Class DOB OWNER INFORMATION OWNER INFORMATION 7 Augusta Commission Same as Owners Last Name First ODriver Room 217, Augusta, Georgia Building Address - 530 Greene Street City State ZIP Phone Augusta, GA 30911 (706) 8212301 VEHICLE INFORMATION VEHICLE INFORMATION Year Make - Mode/ - Odometer Year Make - Model - Odometer License Plate No. Asset No. Vehicle License Plate No - State - Year Color - No. - VIN Number - Driver Cited - Owners Phone No. Driver Cited - O Yes O No O Yes O No INSURANCE INFORMATION INSURANCE INFORMATION Insurance Co. and /or Agency - Insurance Co. and/or Agency - Augusta Commission Policy No - Policy No - Risk Management Department (706) 821 -301 Vehicle Removed by - O Towing ODriven from Vehicle Removed by - OTowing EDriven from scene scene Number of Injuries to Employees Number of injuries to Private Citizens - Submitted By - Reviewed By - Job Title - lob Title - All Rights Reserved 228 P a g e FLEET ACCIDENT REPORT (Page 2 of 2) PRIVATE VEHICLE PASSENGERS EMPLOYEE PASSENGERS Number of Private Passengers - Name Dept Number Taken by Ambulance - (list names below) Injured - OVes ONo Ambulance - OYes ONo Number Injured/No Ambulance -(list names below) Name Dept INJURIES TO PRIVATE PASSENGERS Injured - OYes ONo Ambulance - OYes ONo CONDITIONS Weather - Clear Cloudy Rain Fog Snow /Ice Road Surface - Dry , Wet , Gravel, Sand , Asphalt_, Dirt -, Mud , Grass FACTORS Check the Boxes that apply - 0 Mechanical Failure Present 0 Driver Error 0 Excessive Speed O Alcohol Involved 0 Drugs Involved O Seatbelts NOT USED ACCIDENT DESCRIPTION - All Rights Reserved 2291P a g c Form RM -AGNEO AUGUSTA, GEORGIA NEW EMPLOYEE ORIENTATION 1. The following subjects were discussed with the employee whose signature appears below. These subjects are discussed during the New Employee Orientation given by the Human Resource Department and Risk Management as indicated - HUMAN RESOURCE a) Group Hospitalization b) Group Life Insurance c) Retirement Plan d) Tax Deferred Annuity Plan e) Direct Deposit f) Photo Identification RISK MANAGEMENT a) Substance Abuse Policy b) Wellness Program c) Employee Assistance Program d) Workers Compensation e) Safety Program f) Vehicle Oversight Program DEPARTMENT 2. The following subjects were discussed with the employee whose signature appears below conceming DEPARTMENT policies - a) Department policy on employees who loose, damage or destroy property. b) Supervisory "Chain ". c) Department policies on driving Augusta, Georgia vehicles. d) Department operations (vacation /sick leave /comp time) e) f) Employee Name Date Supervisor Date Copy of signed form should be sent with employee to give to supervisor. Form used for documentation of departmental training. Department should send completed form to Human Resources to be filed in employee's official file. To be filed in Department File All Rights Reserved 2301P a g e Form RM -MT MANDATORY TRAINING REQUIREMENTS DEPARTMENT FREQUENCY Substance Abuse (Alcohol & ALL Annual other Drugs (1 Hour) Substance Abuse Supervisor Awareness (1 Hour) Aids Prevention ALL Annual - *Note - may be included with Occupational Exposure to Blood bome Pathogens training Occupational Exposure to Blood Sheriff New Personnel Orientation bome Pathogens (HBV) Marshal Fire Annual (Refresher Training) Coroner RCCI Landfill Const /Maint Water & Sewerage Prevention of Heat Injuries All Annual Protection against All Annual - Tomados /Inclement Weather Recommended for training in Augusta, Georgia, April or May. CONCERN /EAP (Can be ALL Annual performed in conjunction with Substance Abuse Awareness Training) FIRE PREVENTION/ ALL Fire Drills to be conducted once EVACUATION each Quarter, Training - Annual All Rights Reserved 2311 P a g e Form RM -JHA JOB HAZARD ANALYSIS DEPARTMENT - DATE - REVIEWED BY - APPROVED BY - - TITLE - TITLE - TASK/10B - PERSONAL PROTECTIVE EQUIPMENT - JOB STEPS POTENTIAL HAZARD PREVENTION All Rights Reserved 232 ( P a g e Fonn RM AG /RF INCIDENT REPORT FORM Augusta, Georgia 1. Employee Name - 2. Department 3. Date/Time AM PM TYPE of INCIDENT DAMAGE U INJURY REPORTED TO SHERIFF No Yes Damage to Private Property Theft of Gov't Property Damage to Gov't Property Theft of Private Property Case # Injury to General Public Vandalized Gov't Property Injury to Employee Other 4. Name of Injured - 9. Type Property (Make, Model, Serial Number, Asset Number) 5. Address - 10. Owner - 6. Phone 7. Employee 11. Address/ Phone - General Public 8. Nature of Injury - 12. Describe Damage - a DESCRIPTION 13. Describe events resulting in damage or injury (who, what, when, where, how, and why) For vehicle accidents us the Fleet Accident Report 14. If medical treatment or Ambulance was required state the name of the provider (ie. - Rural Metro, University /MCG/Augusta Regional) ANALYSIS 15. What acts, conditions, or failure to act, contributed most direct /y to this incident? t CORRECTIVE ACTION 16. Corrective Action app lied? 17. Supervisor Signature - DATE- All Rights Reserved 233 1 P a g e PROPERTY RECEIPT FORM Department - Date - ❑Issue Issued To - ❑Tum -in ITEM ITEM DESCRIPTION QUANTITY ISSUED BY - RECEIVED BY - Original is maintained by "Issued By ", copy to "Received By All Rights Reserved 2341 P a g c Form RM -FI FACILITIES INSPECTION DEPARTMENT- DATE - INSPECTOR - 1. Fire Protection /Prevention - YES NO a. Alarm system available and serviceable b. Extinguishing equipment serviceable c. Exits free of obstructions d. Exit doors are functional. e. Flammable materials are properly stored f. Stairs /fire escapes clear of debris g. Employees aware of evacuation procedures 2. HOUSEKEEPING - YES NO a. Isles and floors are clear. b. Storage and piling of materials is not present. c. Wash and locker rooms clean and not cluttered. d. Lighting and ventilation is adequate. e. Waste is disposed of daily. f. Yards and parking areas are clear and pose no hazards. g. Utility room is free of stored materials. 3. OFFICE EQUIPMENT - YES NO a. Rolling chairs have 5 prong base. b. Chairs are adjustable to the user. c. Desks are free from splinters and defects. d. Electrical devices are serviceable and cords not frayed. e. Surge protectors, not house hold extension cords, are in use. 4. ADMINISTRATION - YES NO a. Notice of Panel Doctors is posted in prominent location for employees. b. Employees participate in regular safety meetings. c. First Aid kit is available and stocked. d. Weather radio is available and serviceable. 5. COMMENTS - All Rights Reserved 2351 P a g e Form RM -WCMT AUGUSTA, GEORGIA BOARD OF COMMISSIONERS RISK MANAGEMENT DEPARTMENT ROOM 217, MUNICIPAL BUILDING (11) AUGUSTA, GEORGIA 30911 (706) 821 - 2302 (706) 821 - 2486 ORDER FOR WORKERS' COMPENSATION MEDICAL TREATMENT Please render the necessary Medical and Surgical Treatment to care for the injury of - EMPLOYEE SOCIAL SECURITY # - DEPARTMENT - DATE OF INJURY - TYPE OF INJURY - PHYSICIAN'S STATEMENT - DATE & TIME OF EXAMINATION - DIAGNOSIS - TREATMENT - MEDICATIONS - REFERRAL - 1, , M.D., have examined /treated the above named employee and in my medical opinion he /she is - (1) able to retum to work (A) without restrictions or (B) with the following restrictions - (2) will not be able to work for days weeks. His or her next office appointment is on NOTE TO PHYSICIAN - This form must be completed and given to the employee for retum to his department. In the event that the employee is unable to retum the form, please mail it immediately to the RISK MANAGEMENT DEPARTMENT. Please forward all Workers' Compensation reports and bills to the above address. Form RM- PAR -SRCDA WHITE COPY - Risk Management YELLOW COPY - Department PINK COPY - Physician All Rights Reserved 236 1 P a b L AUGUSTA, GEORGIA PERSONNEL ACTION REQUEST (SAFETY REVIEW COMMITTEE DAMAGE ASSESSMENT) Employee Name - Dept No. Social Sec No. Emp No. Miscellaneous - PLEASE DEDUCT $ IN PAYMENT(S) OF $ THIS IS A SAFETY REVIEW COMMITTEE DAMAGE ASSESSMENT CREDIT ACCOUNT - #611 - 01 - 5214 35 - 19902 DATE OF ACCIDENT - DATE OF LAST PAYMENT - x X DATE EMPLOYEE SIGNITURE IMPORTANT - PLEASE RETURN this form to RISK MANAGEMENT to ensure the automatic deduction mentioned in your Safety Review Committee letter is not activated. Thank you for your assistance. All Rights Reserved 237 1 P a g e Form RM- SRC -PM PENALTIES MATRIX SAFETY REVIEW COMMITTEE CLASS DESCRIPTION Points ADMIN ACTION FORFEITURE FORMULA 1 Unavoidable 0 Caution Letter $0 - $O 2 Avoidable with mitigating 2 -4 Caution Letter $0.00 to $75.00 10% of damages circumstances - (i.e.) but not to exceed a. Bad Weather $75.00. b. Road Conditions c. Emergency Response d. Other driver action e. Actions of ground guide 3 Avoidable with driver 3 -6 Caution Letter $0 to $750.00 First Offense 10% error (All drivers Second Offense contributing) 20% Third Offense 30% 4 Avoidable with driver 4 -7 Letter of $0 to $750.00 error - (Drivers action was Reprimand Same as Class 3 major contributing factor 5 Negligence with extreme Suspend driving 1st - 30% of prejudice - privileges for damages a. DUI (alcohol /drugs) Augusta vehicles $0 to $1,000.00 b. Excessive speed 10 -15 2d - 50% of c. Leaving scene of an Recommend damages accident Termination d. Willful traffic violations EMPLOYEE CATEGORIES ADJUSTMENTS CAT SERVICE FORMULA FOR ADJUSTMENTS 0 5 yrs or Tess Non Senior -1st offense - damages $250 or Tess= Caution Letter 1 5 yrs 1 day-1O yrs 25% of the damage assessment, all points remain 2 10 yrs 1 day-15 yrs 50% of the damage assessment, all points remain 3 15 yrs 1 day -20 yrs 75% of the damage assessment, all points remain 4 20 yrs 1 day and Caution Letter for damages under $500 or 10% of damages but not to beyond exceed $50.00, all points remain. ADJUSTMENTS - Adjustments to penalties will be allowed once each 5 yrs, providing the driver is not involved in an AT FAULT accident within the time. Adjustments are not automatic. RECOMMENDED POINT DISCIPLINE -5 -8 pts= Written Reprimand;9 -14 =3 day suspension;15 pts= terminate All Rights Reserved 2381P a g e Form RM -PL POLICY LETTER (Department Internal Policies — Establishment of New Policy /Procedure) 1. DEPARTMENT - 2. LETTER NUMBER - 3. SUBJECT - 4. DATE - 5. APPROVED BY - 6. EFFECTIVE DATE - All Rights Reserved 239 P a g e � I -4.-- R 1,7) x a S A Form RM- WC -RTDA REQUEST FOR TEMPORARY DUTY ASSISTANCE (Temporary duty to last for up to 12 weeks with one additional 12 week extension if necessary) Department Name - Today's Date - Contact Person - Phone # - Position to be filled - Duration of Position - Start Date - End Date - Location of Position - Work Days - Work Times - 8 hours daily /5 days per week Start Time - a.m. /p.m. 10 hours daily /4 days per week End Time - a.m. /p.m. Other (please specify) - Brief Description of duties - Additional Comments - Temporary Duty Employee Assigned - Date Employee Assigned - Additional Comments - THIS RECEIPT SHALL BE READ AND SIGNED BY THE EMPLOYEE. RISK MANAGEMENT SHALL COUNTERSIGN THE RECEIPT AND PLACE IT IN THE EMPLOYEE'S WORKER'S COMPENSATION FILE. Employee's Signature - Date - Risk Management - Date - cc - Employee's Primary Department All Rights Reserved 2401P a g Form RM -WC -TDPE " " ' " TEMPORARY DUTY PERFORMANCE EVALUATION (Temporary duty to last for up to 12 weeks with one additional 12 week extension if necessary) Name- Emp. ID # SSN - Temporary Job Title - Rating Period - 1. Conduct - 2. Absenteeism/Tardiness - 3. Work habits - 4. Communication - Supervisor's Comments - Supervisor's Signature/Title - Today's Date Employee's Signature - Today's Date My signature does not indicate my agreement with this evaluation Return completed form to Risk Management - Judy Blackstone, Worker's Compensation Coordinator 530 Greene Street, Room 212 706- 821 -230 All Rights Reserved 241 P a g e Form RM- EA -VOP EMPLOYEE ACKNOWLEDGEMENT VEHICLE OVERSIGHT PROGRAM I, , understand that Augusta, Georgia, equips its fleet vehicles and equipment with Global Positioning System ( "GPS ") devices. I also understand that when operating a fleet vehicle or equipment owned by Augusta, Georgia. I am subject to observation through use of the GPS by my department, Risk Management and /or Fleet Management. I understand that in addition to adhering to Motor Vehicle laws of Georgia and local ordinances of Augusta, Georgia.; I am responsible for adhering to policies of Augusta, Georgia which govern the use of its fleet vehicles and equipment - Risk Management Safety Policy located in the Employee Handbook and the Fleet Management Policy which can be obtained by contacting the Fleet Manager. understand that information gathered from observations of my driving and /or use of equipment may be used as justification for disciplinary action consistent with the Augusta, Georgia Progressive Discipline Policy. Employee Signature Date Each employee of Augusta, Georgia, whether they operate a government owned vehicle or not, is required to read and sign this acknowledgement. Completed forms are to be returned to Risk Management. Risk Management will retain a copy and forward the original form to Human Resources for inclusion in the employee's personnel file. RETURN COMPLETED FORM TO RISK MANAGEMENT - 530 Greene Street, Room 217 Augusta, GA 30901 706- 821 -2301 All Rights Reserved 2421P a g c Form RM- MVR -RF MVR Review Form Name Date of MVR Dept: Job Title License Status: # Current Points: # of Weight Total List all Tickets in last 7 Incidences /Incident Score Date /Violation /Pts years: DUI /operating while impaired X 8 = Chemical test refusal X 8 = Fleeing police X 8= Reckless /careless driving X 6 = Driving under suspended license X 6 = Leaving scene of accident X 4 = Speeding ( >15 mph over limit or over 75 X 3 = mph) Speeding ( <15 mph over limit) X 2 = Improper /illegal lane change or turn X 2 = Following too closely X 2 = Traffic signal offenses X 2 = Failure to yield X 1 = Failure to signal X 1 = Operating a defective vehicle X 1= Other X1= Describe: MVR Score Subtotal: _ 3 Pt adjustment made if no violations within last 3 years Adjustmen t: Do any patterns exist on the MVR? Yes No (e.g. a ticket each year for a couple of years) Are there any accidents on the MVR? Yes No Any injuries? Yes No Any fatalities? Yes No Any tickets issued due to accident? Yes No For each YES box marked above, add one point to the score above (NOTE: a fatality should also be considered as an injury too and results in two points being added to the score) Other issues with Record: TOTAL SCORE: All Rights Reserved 243 1 P a g e Total Scores are: 10 or more Unacceptable 7 — 9 Questionable 4 — 6 Marginal 0 — 3 Acceptable Reviewer: Date: Notification: Date: Recommendation: Reason: All Rights Reserved 2441P a g CHAPTER XII. INFORMATION TECHNOLOGY Section 1200.001Computer Usage A. No one shall use any Augusta, Georgia computer or network facility without proper authorization. No one shall assist in, encourage, or conceal from authorities any unauthorized use, or attempt at unauthorized use, of any of the Augusta, Georgia's computers or network facilities. 1. Computers and networks are just like any other Augusta, Georgia facilities - they are to be used only by people who have permission. Using a computer without permission is theft of services and is illegal under state and federal laws. In addition, the following specific computer crimes are defined by state law (Ga. Code 16 -9 -90 et seq.): a. Computer theft: (including theft of computer services, intellectual property such as copyrighted material, and any other property); b. Computer trespass: (unauthorized use of computers to delete or alter data or interfere with others' usage); c. Computer invasion of privacy: (unauthorized access to financial or personal data or the like); d. Computer forgery: (forgery as defined by other laws, but committed on a computer rather than on paper); e. Computer password disclosure: (unauthorized disclosure of a password resulting in damages exceeding $500 - in practice; this includes any disclosure that requires a system security audit afterward); f. Misleading transmittal of names or trademarks: (falsely identifying yourself or falsely claiming to speak for a person or organization by using their name, trademark, logo, or seal, Ga. Code 16 -9- 93.1). i. Maximum penalties for the first four crimes in the list are a $50,000 fine and 15 years of imprisonment, plus civil liability. The maximum penalties for computer password disclosure are a $5,000 fine and 1 year of imprisonment, plus civil liability. B. No one shall knowingly endanger the security of any Augusta, Georgia computer or network facility, nor willfully interfere with others' authorized computer usage. 1. Many of the other regulations given here deal with specific acts of this kind. These regulations are not all inclusive and you should not assume that other malicious acts or deliberate security violations are permissible merely because there is no specific rule against them. C. No one shall use the Augusta, Georgia's communication facilities to attempt unauthorized use, nor to interfere with others' legitimate use, of any computer or network facility anywhere. 1. State and federal laws forbid malicious disruption of computers. Augusta, Georgia does not tolerate individuals who invade others' privacy, steal computer services, commit misrepresentation or fraud, or attempt to disrupt computers or network facilities for any other purpose, including pranks or jokes. 2. In addition, you should be aware that ability to use a remote computer does not constitute permission. Some computer services are open to the public, and clearly identify themselves as such (examples are anonymous FTP sites and Gopher servers). However, the mere lack of security measures does not mean that a computer is open to anyone who wishes to use it. The same goes for unauthorized use of communication paths, such as All Rights Reserved 245 ( P a g e remote dial out modems and the like. D. No one shall connect any computer to any of Augusta, Georgia's networks unless it meets technical and security standards set by the Information Technology department. 1. The applicable requirements depend on what kind of connection is being made. For example, connecting to the Augusta, Georgia -wide Ethernet cable requires special authorization, because one improperly configured machine on a network can cause widespread disruption. The Augusta, Georgia's agreement with KMC Telecommunications and the Georgia Department of Administrative Services (DOAS) restricts the dial -in facilities that Augusta, . Georgia units can offer. For specific information, contact Information Technology. E. All users shall share computing resources in accordance with policies set for the computers involved, giving priority to more important work, and cooperating fully with the other users of the same equipment. 1. If you need an unusual amount of disk space, CPU time, or other resources check with the administrators in charge of the computer rather than risk disrupting others' work. When resources are tight, work that is necessary to Augusta, Georgia's mission must take priority over computing that is done to pursue personal interests or self - training on side topics. In addition, no matter how important your work may be, you are only entitled to one person's fair share of the machine unless additional resources are available and appropriate permission has been granted. 2. The administrators in charge of a particular machine, in consultation with the user community, set priorities for any particular machine. 3. Obtaining extra computer resources through any form of deception (e.g., secretly opening multiple accounts, misrepresenting the nature of your work, or the like) is strictly prohibited. F. No one without specific authorization shall use any Augusta, Georgia computer or network facility for non - Augusta, Georgia business. 1. By law, Augusta, Georgia can only provide computer services for its own work, not for private use. In this respect Augusta, Georgia's computers are different from those owned by colleges or private corporations. If you need unlimited access to computer networks for private purposes, you can subscribe to a private service such as MindSpring, America Online, or CompuServe. 2. It is improper to use the Augusta, Georgia's computers for political campaigns, fund- raising, commercial enterprises, mass mailings, or other outside activities that have not been granted the use of Augusta, Georgia's facilities. Furthermore, you should be aware that the ability to use a computer and /or service does not constitute permission or authorization. If you have questions, contact your supervisor or someone from the Information Technology department. G. No one shall give any password for any Augusta, Georgia computer or network facility to any unauthorized person, nor obtain any other person's password by any unauthorized means whatsoever. No one except the System or LAN Administrators in charge of a computer is authorized to issue passwords for that computer. 1. Giving your password to an unauthorized person can be a crime under Georgia law. The criterion is not whether you trust them, but whether Augusta, Georgia has authorized them. 2. Passwords protect Augusta, Georgia's network, not just the individuals or individual machines to which they apply. Augusta, Georgia insists that each account be used only by the person to whom it belongs, so that if problems are detected or abuse is alleged, the responsible person can be identified. If a department cannot keep passwords secure, it cannot connect its machines to the Augusta, Georgia -wide network. All Rights Reserved 2461 P a g e 3. In general, you should never share your password with anyone else. Likewise, you must never use or disclose a password that was given to you improperly. A password is like the key to a building - you are responsible for what happens to it while it is in your care. If you give it away, you are endangering the entire machine and possibly the network, not just your own files. In fact, computer criminals would like to have your password so they can make it look as though you, not they, are committing the crimes. 4. Do not store the password for one computer in another computer unless your system administrator has assured you that no security hazard will result. It is easy for a stranger to walk up to your personal computer and retrieve passwords that are stored in it. 5. You are responsible for choosing a secure password. Do not use names, nicknames, telephone numbers, or recognizable words in any language because some people guess passwords by automatically trying every word in a large dictionary. A good way to make up a secure password is to use the initials of a phrase, and include some capital as well as letters. For example, 57ityMwb is a good password, and it's easy to remember because it stands for "57 is the year Michael was born." 6. Your password is secret. System or LAN administrators will not normally ask you for it. The computer will never ask you to type it unless you are logging in or changing your password. Beware of computer programs that ask you to "log in again" or type your password at any other time; they are likely to be tricks. (There are rare exceptions on some computers; check with your system Administrator. If anything that you do not understand ever happens after you type your password, then change your password immediately). 7. In some instances, Augusta, Georgia authorizes more than one person to share a single account, but this is seldom the best way to conduct collaborative work. Instead, use file sharing, groups, and related features of the system you are using. Email can be redirected automatically to a secretary, who can then forward it to you using a separate mailbox. H. No one shall misrepresent his or her identity or relationship to Augusta, Georgia when obtaining or using Augusta, Georgia computer or network privileges. 1. Naturally, you must not claim to be someone else, nor claim to have a different relationship to the Augusta, Georgia than you actually do, when obtaining a computer account or access to a lab. 2. You must not falsify your name, address, email address, or affiliation when sending email or other messages from an Augusta, Georgia computer. Doing so can be illegal (Ga. Code 16 -9 -93.1 and other laws against misrepresentation), as well as being an unacceptable use of the Augusta, Georgia's facilities. 3. On some systems, there are ways to post messages without revealing your name and address. Anonymous communication is permissible when there is a legitimate business need for additional privacy. It is not a cover for fraudulent or obnoxious behavior, and in cases of abuse, anonymous messages may be traced to their source. Deceptive communication, in which you claim to be some other specific person, is never permitted. 4. You can create confusion, and possibly violate trademark law, by using someone else's trademark as your name on the Net. No matter how loyal a Kodak customer you may be, do not call yourself "Kodak." That's their name, not yours. I. No one without specific authorization shall read, alter, or delete any other person's computer files or electronic mail. This rule applies regardless of whether the operating system of the computer permits these acts. 1. Do not even try to guess or steal other people's passwords, or read their files, even if the computer permits this. Doing so would be like rummaging through someone else's desk. Even if you can pick the lock, and even if there is no lock at all, you have no right to intrude. All Rights Reserved 247 g a g e J. No one shall download, copy, install, or use any software or data files in violation of applicable copyrights or license agreements. 1. This rule forbids making unauthorized copies, for use elsewhere, of software residing on Augusta, Georgia's computers. It also forbids installing or using pirated software on Augusta, Georgia computers. The price of a piece of software is not just the cost of the disk - it's also one user's share of the cost of developing and supporting it. It is wrong to use software without paying your fair share. 2. As if that were not enough, unauthorized copying is usually a violation of federal copyright law. 3. Some software is "site licensed" and can be used on any Augusta, Georgia computer. (The terms of various site licenses differ.) Some software is genuinely free; the author allows everyone to use it free of charge. Before copying software, be sure what you are doing is legal, and consult people who have full information; do not just give yourself the benefit of the doubt. 4. License checks: If strangers show up at your computer site saying they are there to check software licenses, you should immediately contact Information Technology and your administrative superiors. Software licenses do not normally authorize these surprise inspections, and there is a substantial risk that the "inspectors" are not legitimate. K. No one shall create, install, or knowingly distribute a computer virus, "Trojan horse," or other surreptitiously destructive program on any Augusta, Georgia computer or network facility, regardless of whether any demonstrable harm results. 1. A virus is a hidden computer program that secretly copies itself onto users' disks, often damaging data. A Trojan horse is a program with a hidden, destructive function, or a program designed to trick users into revealing confidential information such as passwords. Even when the harm done by programs of these types is not readily evident, they confuse beginning computer users, degrade CPU performance, and waste the time of system managers who must remove them. L. No one without proper authorization shall modify or reconfigure the software or hardware of any Augusta, Georgia computer or network facility. 1. Do not modify the hardware, operating system, or application software of an Augusta, Georgia computer unless someone from Information Technology has given you permission. The other users with whom you share the machine, and the technicians on whom you rely for support, are expecting to find it set up exactly the way they left it. M. Users shall not place confidential information in computers without protecting it appropriately. The Augusta, Georgia cannot guarantee the privacy of computer files, electronic mail, or other information stored or transmitted by computer unless special arrangements are made. 1. Ordinary electronic mail is not private. Do not use it to transmit computer passwords, credit card numbers, or information that would be damaging if made public. Bear in mind that some records are required by law, and by Augusta, Georgia policy, to be kept confidential. It is also necessary to protect confidential information about employees, such as performance evaluations. This applies not only to networked computers, but also to computers, tapes, or disks that could be stolen; an increasing number of computer thieves are after data rather than equipment. 2. Augusta, Georgia will normally respect your privacy but cannot guarantee it absolutely. A normally private file can end up being read by others many ways. If a disk is damaged, a system administrator may have to read all the damaged files and try to reconstruct them. If email is addressed incorrectly, it may go to one or more "postmasters" who will read it and try to correct the address. For your own protection, system administrators will often look at unusual activity to make sure your account has not fallen victim to a "cracker." All Rights Reserved 2481 P a g e The Georgia Open Records Act applies to information stored in computers. This act gives citizens the right to obtain copies of public records, including any record prepared, received, or maintained by the Augusta, Georgia in the course of its operations. Some kinds of records are exempt; among these are medical records, confidential hiring evaluations, trade secrets, and material whose disclosure would violate copyright laws. Moreover, the Open Records Act is not a license to snoop; requests for information must be made through proper administrative channels. N. Users shall take full responsibility for messages that they transmit through Augusta, Georgia's computers and network facilities. No one shall use Augusta, Georgia's computers to transmit fraudulent, defamatory, harassing, obscene, or threatening messages or any communications prohibited by law. 1. You have exactly the same responsibilities on the computer network as when using other forms of communication. You must obey laws against fraud, defamation, harassment, obscenity, solicitation of illegal acts, threatening or inciting violence, and the like. Bear in mind that uninvited amorous or sexual messages are likely to be construed as harassment. If you are bothered by uninvited email, ask the sender to stop, and then, if necessary, consult a system administrator. 2. Use of the computers to circulate chain letters and pyramid schemes is not permitted. If someone says, "Forward a copy of this to everyone you know on the Internet," do not. Such messages often contain misunderstood or outdated information, or even outright hoaxes. Even when the information is legitimate, chain forwarding is a needlessly expensive way to distribute it. Never participate in schemes to deliberately flood a computer with excessive amounts of email. "Mail bombing" can incapacitate a whole computer or even a whole sub- network, not just the intended victim. 3. It is considered good practice to use your real name, rather than a nickname or pseudonym, in the headers of all outgoing communications. Use of nicknames is often interpreted as a sign of immaturity or an indication that you are not taking full responsibility for what you are sending out. 4. Fake electronic mail: All users should be aware that there is no guarantee that electronic mail actually came from the person or site indicated in it. Deceptive electronic mail is easy to fake, including the technical information in the header. Doing so is of course prohibited and is in many cases against the law. 5. Hoaxes, scams, and false warnings: Hoaxes, pranks, and con games are common on the Internet. Be on the lookout for misguided "warnings" (about computer viruses, impending legislation, etc.) and false appeals for charity (usually involving dying children). If you get a message that spurs you to take immediate action, it is very likely to be a hoax, even if the person who passed it along to you was perfectly sincere. In addition, genuine appeals that are several years old are still circulating as if they were current. To reduce the spread of such hoaxes, and to avoid annoying other people, do not spread such warnings. If you have a concern, contact the Information Technology Department at 821 -2522, or you can forward the message ONLY to the Mail Administrator ( administrator @co.Richmond.ga.us). All official warnings and notifications will come from the Information Technology Department of Augusta, Georgia. 6. Augusta, Georgia letterhead: Use prudent caution when sending out any message that appears to be an official communication from the Augusta, Georgia. If the header identifies your message as coming from an administrative office or from the office of someone other than yourself (e.g., "Clerk of Court"), recipients will presume that you are speaking for that office for person. 7. It is important to distinguish actions taken to punish a person from actions taken to All Rights Reserved 249 P a g e protect a system. If your account appears to have been misused or broken into, your system administrator will inactivate it and contact you or wait to hear from you. This is done to stop the misuse and does not presume that you are the guilty person; you can expect to have your privileges reinstated right away, with new passwords, as soon as you identify yourself and indicate willingness to follow the rules. Thus, you can resume using the computer while investigation of the incident continues. O. Those who publish World Wide Web pages or similar information resources on Augusta, Georgia computers shall take full responsibility for what they publish; shall respect the acceptable -use conditions for the computer on which the material resides; shall obey all applicable laws; and shall not publish commercial advertisements. References and links to commercial sites, advertisements, and especially paid advertisements, are not permitted. Users shall not accept payments, discounts, free merchandise or services, or any other remuneration in return for placing anything on their web pages or similar facilities. 1. Web pages on Augusta, Georgia's network are subject to the same rules as other uses of the same facilities. Different Augusta, Georgia computers are set up for different purposes; System administrators can advise about what is permitted at any particular site. 2. Only Augusta, Georgia Departments are allowed to have pages hosted on Augusta, Georgia's computer systems. Furthermore, only links to other government agencies will be allowed on Augusta, Georgia's web page(s). 3. When you publish something on the World Wide Web, you are putting it before a potential audience of millions. You have the same responsibilities as if you were publishing a newspaper. If the content is libelous or deceptive, people can sue you, and you can be held personally liable. 4. Since there are laws against distributing obscene material (not just creating it), a link to an obscene web site can be a violation of the law. This is true regardless of the status of the Communications Decency Act or other new laws that specifically mention computers. 5. You are not allowed to view any material that is sexually explicit, obscene, or otherwise offensive. Additionally, the Augusta, Georgia's sexual harassment policy prohibits you from displaying sexually explicit material that interferes with anyone's work or personal performance or creates an intimidating, hostile, or offensive environment. 6. If you want to reproduce copyrighted pictures, cartoons, or comic strips on your web page, you must have the copyright owner's permission. It is not sufficient to reproduce the owner's copyright notice; you must actually obtain permission for yourself, just as if you were publishing the same material in a newspaper. Brief textual quotations do not always require permission as long as the source is acknowledged and you are not reproducing a complete work (poem, essay, etc.). 7. You must not accept payments, discounts, or anything of value in return for placing anything on your web page. The Augusta, Georgia's disk space and communication capacity are not yours to sell. This applies to all computers directly connected to the Augusta, Georgia's network cables, even if they are privately owned. P. Users shall comply with the regulations and policies of newsgroups, mailing lists, and other public forums through which they disseminate messages. 1. When participating in Usenet newsgroups [ ?] forums, you must respect their policies and practices, for two reasons: a. To join these networks, Augusta, Georgia has to agree to abide by their policies. Misuse would endanger Augusta, Georgia's eligibility to participate. b. Most of the cost of transmitting any message in a discussion is borne by the sites that receive it, not the site that send it out. Thus, you are the guest of the whole network community, and it is important to abide by policies and practices of the entire network. The most ironclad rule is to respect the announced sub - announced subject All Rights Reserved 250 P a g c each forum and not to post anything off - topic. Other things that are generally unwelcome include: • Advertisements (except that many forums permit announcements that are directly relevant to their subject areas) • Multiple postings of the same material (a general- interest message should go in one general- interest forum not several specialized ones) • Questionnaires and other mass solicitations • Questions that are easily answered by looking in dictionaries, encyclopedias, or readily available software manuals • Uninformative criticisms of other people's postings by others should be ignored, not discussed. • Postings that are misspelled, obscurely worded, or TYPED IN ALL CAPITALS LIKE THIS • Postings that say "Test message, please ignore" (try out your software when you actually have something to say, or use a test newsgroup) • Posting anything, make sure that you know how [ ?] it in case you subsequently discover that it is [ ?] or misinformed. In addition, before posting in to Usenet newsgroup, read the appropriate guidelines, Usenet users, and read some of the messages already there so you can be sure you have not misjudged the newsgroup's subject or purpose. • Always assume that everyone in the entire world can read what you are posting, that permanent copies will be kept at several sites, and that you will be expected to take full responsibility for everything you say. Do not post anything that you would not want to see quoted in a major newspaper. • Remember that newsgroups are not confined to the United States. You will sometimes see postings from other countries in their native languages, and you will sometimes see postings from senior professionals in their fields. Q. Users shall not utilize any electronic mail services other than those maintained by Augusta, Georgia's Information Technology Department. 1. You are prohibited from using other mail services such as AOL, Yahoo, Hot Mail, Mail City, MSN, etc. These types of servers cause several problems including (but not limited to): a lack of security and increased bandwidth usage. Interacting with a single piece of email on a remote mail service can take up as much as seven (7) times the normal bandwidth used by interacting with the local mail server(s). This means the network traffic could be slowed down unnecessarily. R. Data which is exempted from disclosure under the Freedom of Information Act (Public Law 93 -502) or whose disclosure is forbidden by the Privacy Act (Public Law 93 -579) will not be transmitted over the Internet network unless encrypted. 1. Logon IDs and passwords are frequently classified as sensitive information. S. Firewall compromise would be potentially disastrous to subnet security. For this reason, Augusta, Georgia will, as far as is practical, adhere to the below listed stipulations when configuring and using firewalls: 1. Limit firewall accounts to only those absolutely necessary, such as the administrator. If practical, disable network logins. 2. Use smartcard or authentication tokens to provide a much higher degree of security than that provided by simple passwords. Challenge- response and one -time password cards are easily integrated with most popular systems. 3. Remove compilers, editors, and other program development tools from the firewall system(s) that could enable a cracker to install Trojan horse software or backdoors. All Rights Reserved 251 ( P a g e 4. Do not run any vulnerable protocols on the firewall such as TFTP, NIS, NFS, UUCP. 5. Consider disabling finger command. The finger command can be used to leak valuable user information. 6. Consider not using the e -mail gateway commands (EXPN and VFRY) which can be used by crackers to probe for user addresses. 7. Do not permit loopholes in firewall systems to allow friendly systems or users special entrance access. The firewall should not view any attempt to gain access to the computers behind the firewall as friendly. 8. Disable any feature of the firewall that is not needed, including other network access, user shells, applications, and so forth. 9. Turn on full logging at the firewall and read the logs weekly at a minimum. Section 1200.002 Two -Way Radios A. Two -way radios ( "Radios ") will be utilized for Official Business Only. B. No profanity will be transmitted on any radio. C. Employee shall utilize authorized Talk Groups only. D. No programming changes will be made unless approved by IT. E. No hardware or accessories will be added or altered except by IT or authorized personnel. F. Each employee assigned a radio will be responsible for said unit and accessories to include replacement in the event of loss or damage due to negligence. G. Any damage or loss will be noted in writing to IT and Risk Management immediately. H. Replacement options will be left to the discretion of the Department Director/Manager. I. No sexually explicit communication will be tolerated in any form while using the radio system. J. No radios will be used as a scanner after hours except as authorized by Dept. Head. K. All transmissions will be kept as brief as possible. L. All repairs and re- programming will be directed through IT. M. The radio system and equipment is controlled and directed through IT. N. Emergency radio functions will be reserved for life threatening functions only. O. As each radio is issued an electronic ID number which is printed to a computer every time the talk button is keyed on a radio, the unit will be identified each time the radio is used. P. The Mutual Aide Channel will be utilized only in emergencies that require immediate response from public safety departments (i.e. injuries, fire, threat of loss of life, etc.). Q. Any violation of the above listed policy shall be subject to the Disciplinary Policy Augusta, Georgia. Any problems or questions concerning the radio system and equipment shall be directed to the Information Technology Department. Section 1200.003 Department- Issued Cellular Telephones A. These employee usage guidelines (plus any additional restrictions imposed by the department) should be given to and signed for by the employee at the time the cellular telephone is issued. B. Cellular telephones should not be used for outgoing calls in a City facility where there is a telephone line available. C. If a pager is provided together with a cellular telephone, the pager should be used to screen calls that can be returned on a line telephone. Cellular telephones are primarily for City business purposes only. Every effort should be made to contain calls to five (5) minutes or less. Over limit calls may be evidence of misuse and are subject to appropriate disciplinary All Rights Reserved 1Page P a action. Reimbursements of calls will be left to the discretion of the Department Director /Manager. D. Employees are expected to exercise good judgment while using the cellular network. Cellular telephones are subject to monitoring with simplified radio scanner technology, and, therefore, are not suitable for conversations where privacy or security is a requirement. Cellular telephones should not be left accessible to other such as in an unlocked car or on a desk. E. Employees are expected to practice safety while using the cellular network. Cellular telephones should not be used while the employee is mobile. This includes walking, driving, biking, etc. F. Cellular telephone use will be randomly audited. G. Cellular telephones should not be transferred to individuals without an approved application for assignment of a cellular telephone. H. Department- issued cellular phones are subject to the provisions of Section of this Manual. Section 1200.004 Violation of Policies Any violation of the Information Technology policies may be subject to discipline, up to and including termination. All Rights Reserved 253 1 P a g e DEFINITIONS Accretion — The change of a position's classification due to a gradual and permanent change in the assigned duties and responsibilities. Across - the -board Increase - General increase amount given to all eligible employees; may be either a flat amount or a percentage of base rate, sometimes referred to as general increase. Administrative Leave - Paid leave not charged to annual leave or sick leave Anniversary Date - (1) The date used in some merit -pay systems at which a review of the employee's salary occurs. It may be the anniversary of hiring, last pay increase, promotion or some other reference point. Appeal- The right of a regular employee to appear before the Personnel Board to be heard on matters of discrimination, unfair practices or other grievances of such person in the manner prescribed in these policies and procedures. EEOC Director should address claims related to discrimination. Applicant - An individual who has completed and submitted an application for employment with the Augusta, Georgia Human Resources Department. Appointee - An individual selected from a Human Resources referral list in accordance with the Policies and Procedures. Appointing Authority - Any officer, commission, board or body having the power of appointment, employment or removal from positions in any office, department, commission, board or institution; or any person or group of persons having the power by virtue of the Constitution, Statute, or lawfully delegated authority to make appointments to positions of employment in Augusta, Georgia Approved Job Title - This is a job title that is specifically approved by the Commission to be used by accounting department to track all financial transactions associated with the job itself. An approved job title cannot be changed by anyone unless approval is granted by the Commission. Associated Market Reference Values - The combination of Career Family, Career Band, Job Type/Role, and Contribution Level provides a link to labor market compensation, while the market criteria contribute to the defined Career Family framework. Comparing salary data with market data contributes to informed decisions about compensation. Authorized Position - A position created through the authorized and budgeted addition to an organizational unit of a position not previously existent. Base Wage Rate (or base rate) - The hourly rate or monthly salary paid for a job performed. This does not include shift differentials, benefits, overtime, incentive premiums, or any pay element other than the base rate. Benchmarking - Process of measuring one's own services and practices against recognized leaders in order to identify areas of improvement. All Rights Reserved 254 1 P a g e Benchmark Job - A standard job used to make pay comparisons, either within the organization or to comparable jobs outside the organization, to develop or validate a job -worth hierarchy. Pay data for these jobs are readily available in purchased surveys. BFOO - Bona -Fide Occupational Qualifications - legally defensible minimum qualifications to perform the job. Broad Banding - A pay strategy that consolidates a large number of relatively narrow pay grades into much fewer broad bands with relatively wide salary ranges, typically in the neighborhood of 100 percent or more. Callback - An off -duty employee called back to work due to emergency or other unforeseen circumstances. Career Band - A sub -set of jobs commonly found in the market with a recognized discipline specialty and grouped within the larger context of a Career Family. Career Development - An on -going and formalized effort that focuses on developing enriched and training of capable workers. Career Family - A broad meaningful grouping of jobs commonly clustered within a career emphasis content of defined work within a job is key criteria in determining relationship to this familial structure. Career Ladder Positions Positions that are filled competitively at grades below the journeyman level, and based on job performance and experience, incumbents are allowed to move up to journeyman level without competition Career Path - A series of defined levels where the nature of work is similar and the levels represent the organization's typical requirements for career growth. Parallel ladders and overlapping ladders are often created to allow transition from one field to another (e.g., from engineering to management). Certification - Eligible applicants submitted to a hiring Department by the Human Resources Department from an employment, re- employment, or promotional referral list. Class or Class of Positions - A group of positions in the classified service established under these Policies and Procedures which are sufficiently similar in duties, responsibilities and authority to be given the same job title, the same minimum qualifications, the same qualifying examination, and the same salary range. Class Family - The grouping of classes according to the general functional nature or character of duties performed. Class Group - A major subdivision of the classified service embracing related occupational duties. Class Series - A subdivision of the classified service consisting of two or more classes of positions, similar as to line of work, but differing in responsibility or difficulty, which constitute steps in a normal line of promotion. All Rights Reserved 255 ( P a g e Classified Service- The classified service consists of all positions included in the classification and pay plan with the exception of those positions specifically excluded by the Augusta, Georgia Commission. Class Specifications (Job Descriptions) — The description of each class of position that establishes a class title, characteristics of the class, examples of duties, knowledge, skills, abilities required, and minimum qualifications for the class. Classification - A descriptive designation for a class and all positions of a class. Classification Plan - The orderly and systematic arrangement of classes into series and groups. Classified Employee - An employee holding a position covered by the Augusta, Georgia Classified Service. Classify - The act of assigning a position to the appropriate class in accordance with its duties, responsibilities, and authority. Classification Method of Job Evaluation - Compares jobs on a "whole" job basis. Predefined class descriptions are established for each job and jobs are placed in whichever classification best describes them. Classification System - A framework organizations use to arrange jobs into groups based on similarities of purpose, required skills, duties performed, accountability, work environment and other common factors. Closed Ended Questionnaire - A structured questionnaire used for job analysis that provides the incumbent with a written set of questions regarding job content that limits the responses to a predetermined set of answers. Questions are either behaviorally based or task based and require validation. Comparable Worth - A pay concept or policy that calls for comparable pay for jobs that require comparable skills, effort and responsibility and have comparable working conditions, even if the content is different. Comp -a -ratio - The ratio of an actual pay rate (numerator) to the midpoint or some other control point for the respective pay range (denominator). Compa- ratios are used primarily to compare an individual's rate of pay to the mid -point or control point of the range. A compa -ratio may be calculated for an individual, a group of people, a department, or an entire organization. Compensable Factors - Elements of a job for which the organization is willing to pay. These are used to provide a basis for judging job value to create a job worth hierarchy (job evaluation). Factors are usually measured in degrees and are weighted, based on their pre - determined value to the organization. Typical factors include skills, effort, responsibility, scope of authority, and working conditions. Competitive Job Vacancy - Positions filled through a competitive process where candidates compete based on merit. These positions may not be pre - selected. All Rights Reserved 256 I P a g e Compensation - The salary or wage rates for work performed. Compensation Plan - The combination of the Classification Plan, the Pay Plan and the Salary Administration procedures. Compensatory Leave - Time off from work in lieu of monetary payment. Compression - Pay differentials too small to be considered equitable. For Example, new employees versus tenured employee. The term may apply to differences between (1) the pay of supervisors and subordinates, (2) the pay of experienced and newly hired incumbents of the same job, and (3) pay - range midpoints in successive job grades. Core Competencies- Integrated knowledge sets within an organization that distinguishes it from the competitors and delivers value to customers. Continuous Service- Continuous service is employment, which is uninterrupted except for authorized leaves of absence, suspension or separation due to a reduction in work force. Contribution level - Differentiator related to skills, competencies, accountabilities, impact, and/or employee contribution within a Career Family, Career Band, and Job Role. Clarifies criteria required to progress within and across Career Families, Career Bands, and Job Roles. Control Point - The point within a salary range representing the desired pay for a fully qualified, satisfactory (average) performer in a job or group of jobs at a given time (usually the midpoint of a salary range). Controlled Substances/Drugs/Illegal Substances - For the purposes of this Policy, "Drugs" include illegal street drugs, legal drugs either taken for non - medical reasons or without a valid prescription, and alcohol. It DOES NOT include prescription medication prescribed for the employee by a qualified health care provider and taken in accordance with that physician's instructions. Some of the drugs which are considered controlled substances under Federal, State or local laws include, but not limited to - marijuana, heroin, hashish, cocaine, hallucinogens, inhalants and designer drugs, and depressants and stimulants which are not prescribed for current personal treatment by a licensed physician. Cost -of- living adjustment (COLA) - An across - the - board wage and salary increase or supplemental payment designed to bring pay in line with increases in the cost of living to maintain real purchasing power. Days - Calendar days unless otherwise specified. Decentralization - Transferring responsibility and decision - making authority from a central office to other people and locations closer to the situation that demands attention. Demotion - Involuntary - An involuntary change of employment from a position of one class to a position of another class leading to a reduction in grade and/or pay. It may also be a reduction in pay within an assigned pay grade. Demotion - Voluntary Grade Reduction - A voluntary change of employment to a position in a class having a lower grade and pay than the position previously held. This action may not be All Rights Reserved 2571 P a g e appealed. Department An organizational function composed of one or more groups of major operational units within a function, and which consists of an executive head reporting to a constitutional officer, Administrator, the Board, commission, or authority, as reflected on an official organizational chart approved by the appointing authority. Department Director- Person holding the position, whether appointed or elected, with overall administrative /managerial responsibility for a department. Directed Reassignment - Management directed reassignments to positions at the same or lower grade level or job series with no reduction in pay (involuntary). Disciplinary Action - Either letter of counseling, written reprimand, demotion, suspension, dismissal, or any combination resulting from misconduct or performance deficiencies of an employee. Division - A major part or section of a depailment, office, bureau, etc., that has been divided for administrative reasons. Downgrading - The movement of a job to a lower level in a job - evaluation system (i.e., to a lower job grade and/or pay range within a pay structure). Exempt - Exempt salaried employment is defined as work meeting the rules of exemption from overtime provisions of the federal FLSA. Employees with exempt status are compensated for the results they are expected to accomplish regardless of the number of hours worked. Each of these employees would qualify under the Administrative, Professional, Computer - Related Professional, or Executive exemption standards of the FLSA. Extrinsic Rewards - Work - related rewards that have value measurable in monetary terms, as opposed to intrinsic rewards, such as satisfaction in a job well done. Elected Official - The persons filling the offices of Sheriff, District Attorney, Tax Commissioner, Probate Judge, Judge and Solicitor General of State Court, Judge of Superior Court, Judge of Civil and Magistrate Court, Coroner, and Clerk of Superior Court are considered to be elected officials. Persons employed by these officials do not have a property interest in their positions and are considered to be "Employees At Will" who work for elected officials and have no Grievance rights, except as may be granted by the elected official's adoption of these policies and procedures. Emergency Appointment - A temporary appointment by approval of the Administrator, without competition, to meet unforeseen conditions or other situations requiring immediate staffing without delays. Employee - A person employed in a position in Augusta, Georgia, for which he /she is compensated on full -time, part-time or temporary basis. Employee Benefits- Participation of regular employees, employees of elected officials, and probationary employees in any Augusta, Georgia sponsored health, dental, life insurance, retirement plan, vacation and sick leave accrual, long term disability, funeral pay, and holiday pay. Materials and plan documents outlining various employee benefits are available for review in the Human All Rights Reserved 258 1 P a e Resources Department. Employment Date - For the purpose of longevity, the employee's beginning date in a regular appointment. In the event of a leave of absence without pay, the employee's employment date shall be adjusted forward by the number of calendar days absent, in excess of sixty (60) days, within any twelve (12) month period. In the event of layoff, the employee's employment date will be adjusted by the amount of time the employee was in layoff status. Equity - When used in reference to direct pay this concept refers to a criterion of pay based on similar responsibilities and contribution to the organization. It may focus on the "fairness" of pay between employees within or outside the organization. Examination or Test - Types of examinations - 1. An examination for which all applicants are required to appear at a specific time and place for the purpose of taking a written, oral, performance or agility test. 2. An examination in which the applicant's qualifications as contained in the application are evaluated in terms of education and experience. Examination (or Exam) Plan - The rating plan by which an applicant is evaluated for the necessary knowledge, abilities, and skills for a given class of position. Exchange Rate - Economically defined as the intersect of the labor demand and the labor supply functions in an external market. It constitutes the wage rate that employers are willing to pay and labor is willing to accept. From a compensation viewpoint, the exchange rate defines the criterion of external equity. Factor Comparison Method - A job evaluation method in which a series of rankings are performed to assess which jobs contain more of each specific compensable factor than other jobs being evaluated The factor rankings of each job are assigned numerical values, weighted and then added together to determine the total job score Firefighters - Employees of the Augusta, Georgia Fire Department who are certified fire suppression personnel pursuant to O.C.G.A. sec. 25 -4 -1 et seq. Green Circle - The rate of pay that is less than the minimum rate for that salary grade. An employee paid under this circumstance will normally be eligible for increases that will bring that person's salary up to the minimum of the salary range. Geographic Differentials - Pay differences established for the same job based on variations in costs of living or costs of labor among two or more geographical areas. Grievance - Any dispute concerning the interpretation or application of these personnel policies and procedures or any decision relative to certain informal disciplinary actions. The EEOC Coordinator will handle allegations of discrimination. Hiring Rate - As a matter of wage policy, the beginning rate at which people typically are hired into a job. All Rights Reserved 259 I P a g e Hourly Rate - The rate of pay per hour for a job being performed. An "hourly" worker may be assigned to various rated jobs during any pay period and is paid the "rate" applicable to each job while working on it. Incentive (pay plans) - Pay plans designed to reward the accomplishment of specific results. Awards are usually tied to expected results identified at the beginning of the performance cycle. The plans can be individual, group, companywide, or a combination of any. Incentive plans are "forward" looking; bonus plans look "backward." Incumbent - Same as "Employee." Indirect Pay - All forms of non - direct (i.e., noncash) compensation made to employees in exchange for their contribution to an organization. Individual Equity - The perceived fairness of individual pay decisions. Internal Equity - The perceived fairness of the pay structure within a unit. Intrinsic Rewards - Rewards that are associated with the job itself, such as the opportunity to perform meaningful work, complete cycles of work, see finished products, experience variety, and receive feedback on work results. Job - The total collection of tasks, duties, and responsibilities assigned to one or more positions which require work of the same nature and level. Job Analysis - The systematic, formal study of the duties and responsibilities that comprise job content. The process seeks to obtain important and relevant information about the nature and level of the work performed and the specifications required for an incumbent to perform the job at a competent level. Job Description - A summary of the most important features of a job, including the general nature of the work performed (duties and responsibilities) and level (i.e., skill, effort, responsibility and working conditions) of the work performed. It typically includes job specifications that include employee characteristics required for competent performance of the job. A job description should describe and focus on the job itself and not on any specific individual who might fill the job. Job Design - The process of organizing work into the tasks required to perform a specific job. Job Evaluation - A formal process by which management creates a job worth hierarchy, within an organization. The two basic approaches are the market data approach and the job content approach. Job Family - A group of jobs having the same nature of work (e.g., engineering) but requiring different levels of skill, effort, responsibility, or working conditions (e.g., entry-level vs. senior engineer). Job Grade - One of the classes, levels or groups into which jobs of the same or similar value are grouped for compensation purposes. Usually, all jobs in a grade have the same pay range. However, sometimes different jobs in the same pay grade have different pay ranges, due to market conditions for some of the jobs. All Rights Reserved 2601 P a g e Job Code - A referencing code that reference Augusta, Georgia's referencing class specification to which our job class is associated. Job Slotting - Review and evaluation of a job, its duties and its tasks against other similar /like positions already in place in an organization in an effort to appropriately position the job in the proper Career Family, Career Band, Job Role, and Contribution level. Job Specifications - A section of the job description that defines what worker characteristics (i.e., the knowledge, skills and abilities) are required to perform the job for it to be carried out competently. These characteristics must be bona -fide occupational qualifications (BFOQs). Job Title - Label used to describe a set of specific activities, responsibilities, duties and tasks Job Worth Hierarchy - The perceived value of jobs in relationship to each other within an organization. The job worth hierarchy forms the basis for grouping similar jobs together and establishing salary ranges. Knowledge -based Pay - A system of salary differentiation based on the formal education, related experience or specialized training a professional employee has that qualifies the individual to deal with specific subject matter, or work effectively in a specific field. Salary level may not be dependent on whether the incumbent utilizes the knowledge. KSA (Knowledge, skills, and abilities) - Common job specifications. Knowledge refers to acquired information necessary to do the job (e.g., principles of nuclear physics). Skills refer to acquired measurable behaviors (e.g., autoclave operation). Abilities refer to natural talents or acquired dexterity (e.g., capacity to lift 200 pounds). Labor Demand - The highest wage an employer is willing to pay for a given level of employment or number of employees. Labor Market - A place where labor is exchanged for wages. These places are identified and defined by a combination of the following factors - (1) geography (i.e., local, regional, national, international), (2) industry, (3) education, licensing or certification and (4) function or occupation. Lateral Transfer - A permanent transfer of an employee in one salary grade to a relatively equal salary grade. "Relatively equal" is defined as a change in the new salary range maximum of plus /minus less than five percent. Lay -Off - The separation of an employee from the classified service due to lack of work, lack of funds, abolishment of a position, economic reduction, or other material changes in duties or organization, as approved by the Augusta, Georgia Commission. Lead or Lag Policy - Match, follow or exceed the market when adjusting pay structures. For example, an organization may adopt a "Lead Pay Policy" to attract the best qualified candidates and /or retain top performers. Leave - An approved type of absence from work as provided for by these Policies and Procedures. Limited Term Appointment- An appointment to a classified position, the duration of which is determined by a contract or grant. Benefits are determined by the provision of the agreement. All Rights Reserved 261 P a g e Lump -sum Increase - Any increase in pay that is made in the form of a single cash payment. The most common form is the lump -sum merit. Market - The area from which applicants are to be recruited. The combination of Career Family, Career Band, Job Type /Role, and Contribution Level provides a link to labor market compensation, when the market criteria contribute to the defined Career Family framework. Market Adjustment - The percentage increase to organization, group or individual pay that is necessary to adjust it to the estimated market level. Market Reference Point - Compensation philosophy in which an organization chooses to benchmark to a percentile of the market in order to compensate positions within the organization. Market Pricing - The technique of creating a job worth hierarchy based on the "going rate" for benchmark jobs in the labor market(s) relevant to the organization. Non - benchmark jobs are slotted into the structure based on whole job comparison. Maturity Curve - A process of determining employees' salaries as a function of years from the time of the first degree earned. Maturity curves are most commonly used for pricing jobs in lieu of relying on job evaluation techniques. The process assumes that years in the profession equate with more highly valued competencies.. Medical Review Officer- A licensed physician (medical doctor or doctor of osteopathy) responsible for reviewing laboratory results generated by the Drug Testing program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedical information. A test result will not be deemed positive for the purpose of disciplinary action until ruled positive by the Medical Review Officer (MRO). Merit Increase - An increase to an individual's base pay rate based on performance. Merit Rating - A method for appraising the performance of an employee with respect to his or her job. It frequently serves as a basis for making pay adjustments, promotion decisions, or work reassignments. Midpoint - The salary that represents the middle of a given salary range or pay grade. Midpoint Progression - The difference in wage rates paid between two adjacent grades, usually defined as the difference in the midpoints of the two adjacent grades. A midpoint progression is calculated by taking the difference between two adjacent midpoints as a percentage of the lower of the midpoints. Non - exempt - Defined as employment which does meet the provisions of the federal Fair Labor Standards Act (FLSA) allowing for payment of overtime work by hourly employees. Non - quantitative Job Evaluation - A method that creates job worth hierarchy based on the perceived value of the "whole job," but does not utilize quantitative methods. Examples include classification, ranking, and slotting. All Rights Reserved 262 P a g e Occupation - Generalized job or family of jobs. On -call Pay - A nominal amount of compensation provided in return for an employee being available to report to work at employer's discretion. Because the employee is expected to be easily reachable and able to report to the work site on short notice, he or she is compensated for having restricted personal time. Overtime - Time worked in excess of the regular work schedule for the position in accordance with the Fair Labor Standards Act. Overtime is defined as all hours in excess of 40 hours in a workweek, excluding any vacation, sick leave, or funeral leave taken during that week. For certain Law Enforcement and Fire Protection personnel, "Overtime" and "Work Period" are defined differently pursuant to the 7(k) exemption under the Fair Labor Standards Act. Paired Comparison - A ranking technique that compares each job being evaluated individually to every other job in a pair -wise fashion to determine which job has a higher value. Ranks of jobs are created which can then be pegged to the market via benchmark jobs. Part -time Employee - An employee who works on a continuing basis, but does less than a regular work schedule. Employees in this class are not eligible for any employee benefits. Pay Adjustment - A general revision of pay raises. The adjustment may be either across - the - board, such as cost -of- living adjustments (COLA), or spot adjustments for increases in prevailing wage rates. Pay Grade- A salary range with a minimum, midpoint, and maximum pay bracket established to fairly and competitively compensate an employee for assigned work under the specific job classification. Pay Plan - A schedule of pay rates or ranges for each job in the classification plan. May include rules of administration and the benefit package. Pay Policy Line - The level at which the organization decides to set its pay against the external market; usually the midpoint of the salary structure is set as an estimate of the market going rate. Pay Range - The range of pay rates, from minimum to maximum, established for a pay grade or class. Typically used to set individual employee pay rates. Pay Range Overlap - The degree to which the pay ranges assigned to adjacent grades in a structure overlap. Numerically, the percentage of overlap between two adjacent pay ranges. Pay Range Width - The width or spread of a pay range, measured by the ratio - Width = (maximum pay - minimum pay) /minimum pay. Pay Rate - A specific dollar amount, expressed either as an annual rate, a monthly rate, a semi- monthly rate, a bi- weekly rate, or an hourly rate, that comprises each pay grade as shown in the pay plan. Pay Steps - Specified levels within a pay range. Employees may progress from step to step on the basis of time -in- grade. All Rights Reserved 263 1 P a g e Pay Survey - The gathering of data on wages and salaries paid by other employers for selected key classes of jobs or benchmark jobs. Performance Appraisal - Any system of determining how well an individual employee has performed during a period of time, frequently used as a basis for determining merit increases. Performance Evaluation -The method of evaluating each employee on an annual basis as to his or her performance on the job during the evaluation period. Performance Increase - Salary increase based on job performance. Permanent Downward Transfer - A permanent transfer of an employee in one salary grade to another salary grade that has a lower pay range maximum. Person -based Pay - Compensation programs that base an employee's salary on that individual's skills or knowledge rather than on the nature of a rigidly defined job. Types include skill -, knowledge -, and competency -based pay. Position - The total of duties and responsibilities of a single employee. The total number of positions in an organization equals the number of employees plus vacancies. A job is typically made up of several positions that require the same duties at the same level. Position Description Questionnaire (PDQ) - A job analysis questionnaire is a form used for collecting detailed information from both supervisor and incumbent of a position about the duties, responsibilities, necessary skills, outcomes, and work environment of a particular job. Premium Pay - Extra pay, beyond the base wage rate, for work performed outside or beyond regularly scheduled work periods. Promotion - The (re)assignment of an employee to a job in a higher grade or range in the organization's job worth hierarchy. Range Penetration - The level of an individual's pay compared to the total pay range (rather than compared with midpoint, as in compa- ratio). Range penetration is calculated as - RP = (Pay - Range Minimum) /(Range Maximum - Range Minimum). Probationary Employee - An employee serving the initial twelve months of his or her employment, promotion, transfer or re- employment to any position in the classified service. A probationary employee is not a regular employee until completion of the twelve (12) month probationary period. A probationary employee is entitled to accrue vacation and sick leave. Sick leave may be used upon . accrual and vacation can be used after (6) months of employment. Employees of elected officials do not serve a probationary period, and may be terminated at will. Promotion - A change of an employee from a position in one class to a position in another class having a higher minimum and maximum salary and carrying a greater scope of responsibility in the new position. Public Hearing - A meeting of Augusta, Georgia Commission or other agency or board, open to the public, at which any interested party may request to be heard. All Rights Reserved 264 1Page Public Record - A record that the public shall have the right to inspect in a reasonable manner during regular business hours Qualifications - The requirements of training and experience and other qualifications to be measured by an appropriate assessment tool. Basically Qualified (BQ) - meets minimum qualifications for a position. Highly Qualified (HQ) - meets or exceeds highly qualified criteria for a position. Not Qualified (NQ) - does not meet minimum qualifications for a position. Reallocation- A change in the allocation of a position by assigning the funding from one position to another. Reassignment- A voluntary transfer at the same or lower grade level. Recall - Employees who are laid off may be recalled to the affected classes when those positions become available without further examination. Reclassification - The change of a position's classification due to a gradual and permanent change in the assigned duties and responsibilities. Recognized Position- An authorized position that is not budgeted. Red Circle Rate - An individual pay rate that is above the established range maximum assigned to the job grade. Hence, the incumbent is usually not eligible for further base pay increases until the range maximum surpasses the individual pay rate. Re- employment Priority List (RPL) - A referral list that gives priority consideration for vacancies for employees affected by layoff as determined by Human Resources. Referral List - A list of applicants qualified for appointment to a position in the classified service in any of the ways established by these Policies and Procedures. Regular Position - Any position that is established in the classified service that is intended or which is likely to require the services of an incumbent without interruption for an unlimited period, subject to the provisions of these Policies and Procedures. Regular Employee - An employee who has completed their probationary period and is scheduled to work the regular work schedule. (Employees of elected officials do not serve a probationary period and cannot attain regular employee status as defined by these policies and procedures.) An employee in this class is eligible for employee benefits. Employees of Elected Officials have no Grievance rights, except as may be granted by the elected official's adoption of these policies and procedures. Reliability - Refers to the reproducibility of results with any criterion or method. Also see validity. Reinstatement- Former employees who voluntarily resign in good standing may be reinstated upon within twelve (12) months from the date of resignation without competition Department Director and Human Resources approval, or employees whose employment was interrupted by service in the Armed Forces shall be reinstated as prescribed by law. All Rights Reserved 2651 P a g c Reprimand- A formal means of communicating, either verbally or in writing, to the employee that a problem exists and that it must be corrected within a reasonable time. Resignation- The voluntary termination of an employee at the employee's request. Resignations must be in writing and submitted to the employee's immediate supervisor or department director. Safety- Sensitive Position- Safety- sensitive employees are those who perform any of the following tasks or duties, or have the following qualifications /job requirements — 1) Certified Law Enforcement Officers; 2) Jailers of Richmond Augusta, Georgia Sheriffs Department; 3) 911 operators /communications officers; 4) Fire Fighters; 5) Crash Fire and Rescue employees (Bush Field); 6) Correctional Officers; 7) Employees who mix chemicals with water; 8) Employees who fuel or maintain aircraft; 9) Employees who maintain airfield facilities, including aircraft ramps, taxi ways or active runways or median areas around ramps, taxi ways and runways; with the exception of those positions specifically excluded by the Augusta, Georgia Commission. 10) Employees whose responsibilities include airfield operations or planning activities in areas described in above; 11) Employees who maintain, repair, or install traffic control markers, signs or devices to include painting lane markers or directional indicators; 12) Employees of the Recreation Department, classified as Recreational Specialist (I -IV) who a) supervises youth, ages 4 -12, in day camp activities including, but not limited to; gymnasium activities which could result in physical harm if not properly administered (kickball, tumbling, floor exercises, etc.); playground activities involving use of play equipment requiring constant safety inspection; b) Transports youth to field trip events in 14 passenger van, requiring out of town supervisory responsibility, as well as vehicular safety; c) Supervises outdoor activities on parks in summer heat requiring constant monitoring of children for heat related illnesses; d) Supervises youth athletic leagues involving potential physical injuries to children (football, basketball, etc.); e) Coaches youth swim teams, requiring contact supervision for water related accidents and safety; f) Coordinates food and beverage concessions sold to the public at youth events, requiring on -going compliance for health standards. 13) Operators of heavy equipment or construction type equipment, without regard to whether a CDL license is required. Employees who operate Commission vehicles for which a Commercial Driver. Target Comp -a -ratio - The organization's planned average (or total) salary for the organization, group or individual at year -end as a percent of the corresponding average (or total) midpoint. Temporary Employee Contracted- Persons hired thru outside staffing agency for a specific task or responsibility. This person is not considered an Augusta, Georgia employee and will not receive any benefits offered to Augusta, Georgia employees. Their contact normally will not exceed six (6) All Rights Reserved 266 1 P a g e months. Temporary Position- Any position that is established in the classified service that is intended or which is likely to require the services of an incumbent for a period of time not to exceed six (6) months. Termination -The termination of a probationary, temporary, or part-time employee, or the termination of a regular employee for just cause, as set forth by the progressive discipline policy. Tiered Pay Plan - A remuneration system that differentiates salary based on time of hire (i.e., new employees are paid less than current employees for performing the same or similar jobs) as well as on nature of work performed. Total Cash Compensation - The sum of all monetary payments made to an individual for services (i.e., employment) during a given year. Total Remuneration - The sum of the financial and non - financial value to the employee of all the elements in the employment package (i.e., salary, incentives, benefits, perquisites, job satisfaction, organizational affiliation, status, etc.) and any other intrinsic or extrinsic rewards of the employment exchange that the employee values. Transfer - The movement of an employee from one position to another. Unauthorized Leave- A type of absence without leave (AWOL) from work, which is not approved and may subject the employee to disciplinary action. Unclassified Employee- An at will employee who is not included in the Classified Service Merit System. Unclassified Position- A position that is not included in the Classified Service. Upgrading - The advancement of a job to a higher grade or salary range. Vacancy - A position that is not occupied. Validity - How well a given criterion actually measures or predicts. Also see reliability. Wage Differential - Differences in wage rates (for similar jobs) that can occur because of location of company, hours of work, working conditions, type of product manufactured, or a variety of other circumstances. Wage and Salary Survey - Survey of wages paid to employees of other employers in the surveying organization's relevant labor market. Workday- The scheduled number of hours an employee is required to work per day. The normal workday for Augusta, Georgia is 7.5 hours. Working Job Title - A customized, descriptive title that provides greater understanding of the individual employee's responsibilities and scope within the assigned Career Family, Career Band, All Rights Reserved 267 I P a g c and Job Type /Role, and Contribution Level. Often Working Title is based on current industry and professional standards. All Rights Reserved 268 1 P a g e ELECTION OF COVERAGE BY AN ELECTED OFFICIAL I hereby make the following election in regards to the Augusta, Georgia Personnel Policy and Procedures Manual (select ONE): I elect to have my position as elected official and its employees to be governed by and subject to the terms of the Augusta, Georgia Personnel Policy and Procedures Manual. I understand that this allows myself and my employees to access Augusta, Georgia resources such as Human Resources and EEO is determining policy questions and issues. OR I elect to have my position as elected official and its employees to be governed by and subject to the terms of the Augusta, Georgia Personnel Policy and Procedures Manual, EXCEPT the sections relating to discipline, grievances, and appeals. I understand that this allows myself and my employees to access Augusta, Georgia resources such as Human Resources and EEO is determining policy questions and issues. OR I elect NOT to have my position as elected official and its employees to be governed by and subject to the terms of the Augusta, Georgia Personnel Policy and Procedures Manual. I understand that this requires that I provide my own set of policies and procedures to govern my employees and that Augusta, Georgia is not in any way responsible for administering my policies and procedures or for the effects of my policies and procedures. Signature Printed Name Elected Office Date * *This election must be made by all elected officials within thirty (30) days after this Manual is adopted by the Augusta, Georgia Commission. All Rights Reserved 269 1 P a g e ACKNOWLEDGEMENT OF RECEIPT OF AUGUSTA, GEORGIA PERSONNEL POLICY & PROCEDURES MANUAL This Manual is intended for informational purposes only. Nothing in this Manual, Augusta, Georgia practices, or other communications create an employment contract or term. It does not contain all the information you will need during the course of your employment. Furthermore, you will receive information through various notices as well as orally through your supervisor, department head or elected official. Augusta, Georgia is committed to reviewing its policies, procedures, and benefits periodically and as directed by the Augusta, Georgia Commission or Administrator. Accordingly, the policies, procedures and benefits outlined in this handbook are subject to review and change by Augusta, Georgia at any time. You are required to acknowledge receipt of your copy of Augusta, Georgia Personnel Policies and Procedures Manual and return to Human Resources for inclusion in your personnel file within thirty (30) days of employment. By signing this acknowledgment you acknowledge that you have received a copy and will have the opportunity to read the entire Manual and agree to be subject to the Manual. (Printed Name) (Signature) (Department) (Date) All Rights Reserved 270 P a g e