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S-1603 - 04/28/2020 - PERSONNEL RULES & REGS - Ordinances ITEM 6.C.5 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of April 28, 2020 SUBJECT: Personnel Manual Amendments FROM: Kathy Vonachen, Human Resource Director/Deputy Clerk BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: A Motion to Approve Ordinance 2020-PL-RR-EXI-S- 1603,An Ordinance Amending Certain Sections of the Personnel Manual of the Village of Oak Brook. Background/History: Our current Personnel Manual was approved by the Village Board on January 13, 2015 with Resolution 2015-PL-RR-R-1424. As a result of current economic conditions, I would like to bring the Personnel Manual overtime provision in-line with the Fair Labor Standards Act (FLSA)regulations and to update employees'job titles to reflect the current position responsibilities. Article 4—HOURS OF WORK AND PAY Section 4.03 Compensation for Overtime Work A. No changes. B. No changes C. Hours Worked-For purposes of determining overtime compensation,thefeRewiRg types of paid leave aFe GgRsidwed hows we*ed; vaGatieR, holiday, personal day, {00616467.DOCX v.1 } BOT AGENDA Page 1 FG towards thtAglumination of whether an employee has worked more than 40 hours in a workweek Ho urs raid but not worked are not considered ham_»_. 3iorked, This includes but is nn+limited to the following tegories of_ benefit time that dos Lwt countas ho urs worked* vacation- holiday. „Pr mnal ay, bereaypment bereavementleave,, jury d utv 1 .ave abs nce coy r d by work r ' Comilensa- on, compensatory time. and sick leave. For sworn police and firefighters the overtime threshold is not 40 hours but is the applicable numbers of hours per Section 7(k1 of the Fair Labor Standards A (F SAI D. No changes To update all employees'job titles throughout the personnel manual to reflect the current position responsibilities (See Exhibit 1 of the Ordinance). Recommendation: The Village Board approves the Ordinance S-1603 as presented. {00616467.DOCX v. 1 } BOT AGENDA Page 2 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE A ORDINANCE 2020-PL-RR-EX1 -S-1603 AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE PERSONNEL MANUAL OF THE VILLAGE OF OAK BROOK GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 28th day of April 28, 2019 Ordinance 2020-PL-RR-EX1-S-1603 Amending Personnel Manual-Art.4 Page 2 of 3 ORDINANCE 2020-PL-RR-EX1-S-1603 AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE PERSONNEL MANUAL OF THE VILLAGE OF OAK BROOK WHEREAS, the President and Board of Trustees of the Village of Oak Brook approved the current Village of Oak Brook Personnel Manual on January 13, 2015 with the passage of Resolution R-1424; and WHEREAS,it is deemed appropriate that said Personnel Manual be amended in regard to revisions to specific statutes which affect Village operations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2: Amendments. Article 4, "Hours of Work and Pay", Section 4.03, "Compensation for Overtime Work"of the Personnel Manual of the Village of Oak Brook be and is hereby amended to read as follows: 4.03 Hours of Work and Pay A. No changes B. No changes C. Hours Worked - For purposes of determining overtime compensation, the fellevARg types of paid leave aFG GE)RsideFed hours worked: vaGat'GR, holiday, peFseRal day, bereavemeRt leave,juFy duty leave, leave GoveFed by w9FkeFG' GGMPGRE;at'eR, GE)FRPGRsate time, and sisl��eau onl3 hours actually worked will be counted towards the determination of whether an employee has worked more than 40 hours in a workweek Hours paid but not worked is not considered hours worked This includes, but is not limited to the following categories of paid benefit time that does not count as hours worked: vacation, holiday. personal day, bereavement leave, iury duty leave. absences covered by workers'compensation. compensatory time, and sick leave. For sworn police and firefighters the overtime threshold is not 40 hours but is the applicable numbers of hours per Section 7(k)of the Fair Labor Standards Act In addition, Village required attendance at lectures, meetings and training sessions during regular work hours are considered hours worked for purposes of determining overtime compensation. C. No changes To update all employees'job titles throughout the personnel manual to reflect the current position responsibilities (See Exhibit 1) [Signature page follows] Additions are bold and double-underlip d; Ordinance 2020-PL-RR-EX1-S-1603 Amending Personnel Manual-Art,4 Page 3 of 3 APPROVED THIS 28th day of April, 2020. Gopal G. Lalmalani Village President PASSED THIS 28th day of April, 2020. Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: None Absent: None ATTEST: vji� G F 0#1k Charlotte K. Pruss Al. Village Clerk C01Uj N I Additions are bold and do ibl -and-rlin d;deletieRs aFe StFUGk through. Ordinance 2020-PL-RR-EX1-S-1603 Amending Personnel Manual-Art.4 Page 4of3 EXHIBIT 1 (PERSONNEL MANUAL) Additions are bold and doiible-and rlin d; VILLAGE OF OAK BROOK PERSONNEL MANUAL MISSION STATEMENT The mission of the Village of Oak Brook is to provide the community with excellent local government services that meet the needs of its citizens and are delivered in a professional,responsive and responsible manner. To achieve this mission, the Village will: • Strive to deliver high-quality municipal services in a cost-effective and fiscally responsible manner; with courtesy, integrity and fairness; and with a view toward the good of the entire community as well as the individual resident or corporate citizen. • Continually evaluate the content and quality of Village programs and services. • Engage in ongoing planning and development efforts designed to preserve and enhance the value of property in the Village. • Consult with and involve Oak Brook citizens in the Village's decision-making processes through both formal and informal means including hearings,meetings, surveys, advisory boards and commissions,task forces and committees. • Seek to develop a Village staff that emulates,through its values and performance,this mission and its tenets. ABOUT THIS MANUAL The policies stated in the Manual are intended as guidelines only and are subject to change at any time, at the sole discretion of the Board of Trustees. This manual does not create, and shall not be construed as creating, any contract or offer to contract with the Village. No property or tenure rights in employment shall be created, or deemed to be created,by this manual. Employment may be terminated "at will"by either the Village or the employee, at any time for any reason. All provisions of this manual are subject to change, at any time, with or without notice. No policy,benefit or procedure set forth in this manual implies or may be construed to imply that it or any portion thereof is an employment contract. In the event any of the provisions of this manual conflict with State or Federal law, or with any existing Collective Bargaining Agreement covering Village employees, the latter shall take precedence. ADOPTED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, ILLINOIS ORD. NO: 2015-PL-RR-R-1424 DATE: January 13, 2015 VILLAGE OF OAK BROOK O � e a v F COUNI", Employees' Statement of Belief We are a multi-talented team, challenged to serve the community professionally and responsibly YOU MAKE IT HAPPEN! In support of our statement of belief, we the Village staff hold these values which enable us to serve in this manner. Employees' Expression Of Values • Local government is a noble, worthwhile, and highly challenging aspect of public service of which we are proud and willing to be a part. • Supported by responsible leadership and guidance, and provided with quality training and equipment, we will provide the highest level of service to the community. • Procedures and guidelines aid us in doing our jobs - it is our duty to adhere to them as well as to seek change in those that do not help us serve the community. • Mutual understanding, respect, and support among the Village staff and between the community and the staff is vital in maintaining a constructive work environment that serves the community. VILLAGE OF OAK BROOK Code of Employee Conduct A We know that our greatest strength is our workforce. Great employees deserve a great work environment.The Village of Oak Brook Code of Employee Conduct is essential for maintaining a productive,healthy,and safe workplace.As employees,we share a duty to make the Village a better place for all of us. While the Code cannot possibly cover every situation we may encounter,it does outline key responsibilities in critical areas to guide us.On a daily basis,we choose to renew our commitment to the shared responsibilities of our Code. OUR PROMISING BEHAVIOR SUPPORTING OUR CODE Respect I demonstrate integrity and honesty in all my actions and interactions.I engage in open and transparent communication. I respect others'views,and can appreciate feedback. I am courteous toward others.I treat people fairly.I avoid gossiping about co-workers.I do not provoke violent conduct. I respect the space of others.I do not harass or make sexual advances toward other individuals. I am accountable for my words,actions and attitude.I think Responsibility before I act,and consider the consequences of my decisions. I set a good example in our workplace.I am a team player,and help others succeed in meeting their goals. I use time management skills daily,planning ahead to meet deadlines.I avoid procrastination and practice self-discipline. I observe safety regulations and address unsafe work conditions. Safety I take appropriate steps to prevent accidents from occurring. I exercise due care and good judgment. Inclusion I value diversity,and care about community in our workplace. I am committed to nondiscrimination and equal opportunity for all employees and job applicants. I refrain from communicating derogatory comments based on gender,race,national origin,religion,sexual orientation or other personal characteristics. Professionalism My attire projects a professional image and best represents our organization,whether in uniform,business professional or business casual dress. I work hard to exceed the expectations of our residents. I will use appropriate language,speak at an acceptable volume, and will not swear or curse. I make personal decisions that improve my overall health and do Wellness not inhibit my working abilities. Approved 03/22/2011 WELCOME AND INTRODUCTION As you begin your employment with the Village of Oak Brook, I would like to welcome you to our organization and invite you to read and become familiar with the contents of this employee manual. I hope that you find it full of helpful and valuable information about the policies,benefits,procedures, and opportunities available to guide and assist you in performing to the best of your abilities and developing and realizing your potential as one of our valued employees. If you're not familiar already with Oak Brook, our community has much to offer. Here are a few quick facts about the Village: •Oak Brook has more than 7,800 residents across approximately 2,850 households. •The Village is composed of residential subdivisions, the Oakbrook Center Mall, office and retail locations,restaurants,and numerous corporate headquarters, ' ' •The Village of Oak Brook features 269 acres of open space,polo fields, golf courses, swimming and tennis facilities,and other recreational opportunities. •Only 15 miles west of downtown Chicago, Oak Brook is conveniently located along Interstates 88 and 294. • Oak Brook feeds into five outstanding elementary school districts: Butler District 53; Downers Grove District 58; Elmhurst District 205; Hinsdale District 181;and Salt Creek District 48. With your help, we are looking forward to continuing growth and prosperity as we find new and better ways to serve our residents'needs. The policies,procedures, and programs outlined in this manual are designed to serve as guidelines to keep you informed of relevant facts about your employment. They are not intended to create any kind of contractual relationship and are subject to change at the Village's discretion, with or without notice. While the policies and procedures outlined in this manual should give you answers to most of the general questions you might have about your job or the Village's programs and procedures, it cannot cover every situation that might arise. If you have questions about these guidelines or need further information about any subject,please consult with your supervisor, Human Resources, or the Village Manager. We also welcome your suggestions for improvements either to policies or procedures covered in this manual or in other job-related areas or subjects. Your ideas on ways to improve our operations and procedures are important to us,and, along with your effort and performance, are an ideal way to contribute to the Village's future growth and your own development. Please read this manual carefully and retain it for future use.Try to familiarize yourself with its contents as soon as possible, because it should answer many of your initial and ongoing questions about your employment with the Village. We want you to be fully informed and understand our policies and procedures completely. Once again, I welcome you and wish you success as we turn to face the numerous challenges, opportunities, and potential rewards ahead. Sincerely, Gopal G. Lahnalani, MD, MBA Village President TABLE OF CONTENTS ARTICLE 1: GENERAL PROVISIONS Title -------------------------------------------------------------------- 1.01 Purpose ---------------------------------------------------------------- 1.02 Severability------------------------------------------------------------ 1.03 ScopeOf Rules------------------------------------------------------- 1.04 Adoption And Modification Of Rules----------------------------- 1.05 WorkRules------------------------------------------------------------ 1.06 ARTICLE 2: ORGANIZATION FOR PERSONNEL ADMINISTRATION Village Board Of Trustees ------------------------------------------2.01 Village Manager------------------------------------------------------2.02 Department Directors And Supervisors---------------------------2.03 Employees-------------------------------------------------------------2.04 ARTICLE 3: RECRUITMENT AND EMPLOYMENT Equal Employment Opportunity -----------------------------------3.01 Employment-----------------------------------------------------------3.02 Recruitment And Selection -----------------------------------------3.03 Physical Examinations-----------------------------------------------3.04 Transfer----------------------------------------------------------------3.05 Promotion -------------------------------------------------------------3.06 Demotion--------------------------------------------------------------3.07 Separation-------------------------------------------------------------3.08 Work Force Reduction Policy--------------------------------------3.09 Exit Interview --------------------------------------------------------3.10 Re-Employment------------------------------------------------------3.11 JobPostings-----------------------------------------------------------3.12 ARTICLE 4: HOURS OF WORK AND PAY Hours Of Work-------------------------------------------------------4.01 Lunch Periods&Rest Periods--------------------------------------4.02 Compensation For Overtime Work--------------------------------4.03 Time Recording And Recordkeeping------------------------------4.04 Payroll -----------------------------------------------------------------4.05 Reimbursement For Travel And Other Expenses----------------4.06 Salary Plan/Salary Administration Policy-------------------------4.07 Pay Deductions-------------------------------------------------------4.08 Wage Garnishments--------------------------------------------------4.09 ARTICLE 5: BENEFITS AND LEAVES Approval Of Leave---------------------------------------------------5.01 SickLeave-------------------------------------------------------------5.02 Vacation Leave-------------------------------------------------------5.03 Personal Days---------------------------------------------------------5.04 Holidays ---------------------------------------------------------------5.05 Bereavement Leave--------------------------------------------------5.06 JuryDuty--------------------------------------------------------------5.07 Military Leave--------------------------------------------------------5.08 Family And Medical Leave Act(FMLA)-------------------------5.09 Absence Without Leave---------------------------------------------5.10 Other Leave Without Pay-------------------------------------------5.11 Victim's Economic Security and Safety Leave ------------------5.12 School Visitation Leave---------------------------------------------5.13 Insurance Benefits----------------------------------------------------5.14 Training and Development------------------------------------------5.15 Professional Society Membership; Conference Attendance----5.16 Retirement and Deferred Compensation -------------------------5.17 Employee Assistance Program -------------------------------------5.18 Uniform Provisions --------------------------------------------------5.19 Service Awards-------------------------------------------------------5.20 Benefits&Disability Payments/Non-Work Related Injuries --5.21 Flexible Benefit Master Plan----------------------------------------5.22 Employee Blood Donation Leave----------------------------------5.23 ARTICLE 6: SAFETY Safety Policy Statement---------------------------------------------6.01 Employee Right to Know -------------------------------------------6.02 General Safety-Related Work Rules-------------------------------6.03 Workplace Violence Prevention Policy---------------------------6.04 Work-Related Injuries-----------------------------------------------6.05 Benefits&Leave For Injury Or Sickness Incurred In Line Of Duty(Worker's Compensation)--------------------------------6.06 Workplace Security And Inspections------------------------------6.07 ARTICLE 7: GENERAL POLICIES Attendance ------------------------------------------------------------7.01 Anti-Harassment and Retaliation Policy--------------------------7.02 Breastfeeding Workplace Policy ----------------------------------7.03 Americans With Disabilities Act(ADAAA)/Reasonable Accommodations-----------------------------------------------------7.04 Illegal Drugs and Alcohol/Drug Free Workplace Act-----------7.05 Employee Access To Personnel Records -------------------------7.06 Identification Card Policy-------------------------------------------7.07 License, Registration And Certificate Verification--------------7.08 SmokingPolicy ------------------------------------------------------7.09 Personal Use Of Village Telephones ------------------------------7.10 Cell Phone Use and Texting While Driving ---------------------7.11 Cell Phone&Other Wireless Communications DevicePolicy---------------------------------------------------------7.12 General Appearance and Dress Code -----------------------------7.13 Outside Employment ------------------------------------------------7.14 Employees Who Begin Service Before January 1, 2012--------7.15 Employment of Elected and Appointed Officials and their Relatives and Supervisor/Subordinate Relationship-------------7.16 Conflict of Interest---------------------------------------------------7.17 Political Endorsements ----------------------------------------------7.18 Political Activity and Contributions-------------------------------7.19 Solicitation------------------------------------------------------------7.20 Gifts and Gratuities --------------------------------------------------7.21 Extreme Weather and Emergency Situations --------------------7.22 Technology Use------------------------------------------------------7.23 Social Media Use Policy --------------------------------------------7.24 Anti-Bullying Policy-------------------------------------------------7.25 Whistle Blower Compliance ---------------------------------------7.26 Breakroom/Cafeteria-------------------------------------------------7.27 Confidentiality--------------------------------------------------------7.28 ARTICLE 8: DISCIPLINARY ACTION Disciplinary Procedures---------------------------------------------8.01 Reprimand-------------------------------------------------------------8.02 Suspension ------------------------------------------------------------8.03 Demotion--------------------------------------------------------------8.04 Termination-----------------------------------------------------------8.05 ARTICLE 9: APPEALS Appeal Procedure ----------------------------------------------------9.01 APPENDIX A:--------Commercial Driver's License Drug and Alcohol Testing APPENDIX B:--------Ethics Ordinance ARTICLE 1 - GENERAL PROVISIONS 1.01 Title These rules shall be known as the "Personnel Rules and Regulations of the Village of Oak Brook" and may be referred to hereinafter as the "Personnel Manual", or the "Manual". 1.02 Purpose The rules and regulations in this Personnel Manual are provided as guidelines for administering the Village's personnel management system and its derivative policies, procedures, and merit- based principles. They further serve to inform employees about matters regarding employment. They do not constitute a contract and shall in no way be deemed or construed as creating a contract for any particular term(s) and condition(s) of employment between any employee and the Village of Oak Brook. 1.03 Severability If any section, subsection, sentence, clause or other portion of these rules and regulations is held to be invalid by any court or governmental agency of competent jurisdiction, such part of the rules and regulations shall be deemed to be a separate, distinct and independent part of these rules and regulations and the invalidity thereof shall not affect the validity of any remaining parts of these rules and regulations. 1.04 Scope of Rules A. General Application- The rules and regulations set forth in this Manual apply to all employees of the Village of Oak Brook. They do not apply to any elected official or appointed member of any recommending body of the Village. B. Police Department - The terms and conditions of employment applicable to Police Officers below the rank of Sergeant are set forth in the Collective Bargaining Agreement (Between the Village of Oak Brook and the Fraternal Order of Police Labor Council), as it may be in effect and as it may be amended from time to time. To the extent any subject covered in this Manual is addressed in the Collective Bargaining Agreement, or in the Village of Oak Brook Board of Fire and Police Commissioners Rules and Regulations, the Agreement or the Rules and Regulations shall govern unless otherwise provided. All other provisions of this Manual shall apply to Police Officers. All Police Department personnel, including Police Officers, are also subject to the Police Department Rules and Regulations and the Police Department General Orders. In the event of a conflict between the provisions of this Manual and the Department's Rules and Regulations or General Orders,the Rules and Regulations or General Orders shall govern. Definitions Applicable to Police Department Personnel: 1. Police Officer: A sworn police officer with the title of Patrol Officer or Detective, who is included in the collective bargaining unit. 2. Police Command Officer: A sworn police officer above the rank of Patrol Officer, who is excluded from the collective bargaining unit. 3. Non-sworn Personnel: A civilian employee in the Police Department. C. Fire De ap rtment - The terms and conditions of employment for Fire Lieutenants, Firefighters and Firefighter/Paramedics are set forth in the Collective Bargaining Agreement (Between the Village of Oak Brook and IAFF Local 4646), as it may be in effect and as it may be amended from time to time. To the extent any subject covered in this Manual is addressed in the Collective Bargaining Agreement, or in the Village of Oak Brook Board of Fire and Police Commissioners Rules and Regulations, the Agreement or the Rules and Regulations shall govern unless otherwise provided. All other provisions of this Manual shall apply to Fire Lieutenants, Firefighters and Firefighter/Paramedics. All Fire Department personnel (including Fire Lieutenants, Firefighters and Firefighter/Paramedics) shall also be subject to the Fire Department Rules and Regulations and the Fire Department Standard Operating Procedures, Guidelines and General Orders. In the event of a conflict between the provisions of this Manual and the Fire Department's Rules and Regulations or the Standard Operating Procedures, Guidelines or General Orders, the Department's Rules and Regulations or Standard Operating Procedures, Guidelines or General Orders shall govern. Definitions Applicable to Fire Department Personnel: 1. Firefighter and Firefighter/Paramedic: A commissioned Fire employee with the rank of Firefighter or Firefighter/Paramedic, who is included in the collective bargaining unit. 2. Fire Lieutenant: A commissioned Fire employee with the rank of Fire Lieutenant, who is included in the collective bargaining unit. 3. Fire Command Officer: A commissioned Fire employee above the rank of Fire Lieutenant, who is excluded from the collective bargaining unit. 4. Non-commissioned Personnel: A civilian employee in the Fire Department. D. Public Works Department -The terms and conditions of employment applicable to covered Public Works employees(Part-time laborer, Maintenance Worker 1, Maintenance Worker 11, Building Maintenance Technician, Mechanic, Water Operator in Charge, Head Mechanic) are set forth in the Collective Bargaining Agreement (Between the Village of Oak Brook and the Operating Engineers Local 150), as it may be in effect and as it may be amended from time to time. To the extent any subject covered in this Manual is addressed in the Collective Bargaining Agreement, the Agreement shall govern unless otherwise provided. 1.05 Adoption And Modification Of Rules The authority to adopt the rules and regulations set forth in this Manual is vested solely in the Village Board. The Village Board reserves the right at any time to amend, modify, add to, subtract from, or abolish any of the provisions of this Manual, or those incorporated herein by reference. Amendments become effective upon the approval of the Board of Trustees as described in this section. A copy of this Manual as amended is maintained in each Village department. Where practicable, amendments shall be distributed to all employees upon approval of the Village Board. 1.06 Work Rules The Village shall have the authority to initiate, implement and enforce such work rules as it deems are necessary to create an effective, efficient and cooperative work environment in accordance with all applicable laws. This Manual sets forth or incorporates many of those basic rules and policies, but the Village may adopt such additional rules and policies, either as part or separate from this Manual. The rules and regulations set forth in this Manual do not preclude Supervisors with the approval of their Department Director, Department Directors, or the Village Manager from establishing other work rules consistent with the provisions of this Manual. ARTICLE 2 - ORGANIZATION FOR PERSONNEL ADMINISTRATION Responsibility for administration of this Manual and its derivative policies, procedures and merit-based principles have been assigned as follows: 2.01 Village Board Of Trustees The Village Board shall adopt or amend, pursuant to Paragraph 1.05,the rules and regulations that govern the personnel system. The Police Department's General Orders referred to in Section 1.04 B,the work rules as defined in Section 1.06, and the Fire Department's Standard Operating Procedures, Guidelines and General Orders referred to in Section 1.04 C and Public Works Standard Operating Procedures shall not require the approval of the Village Board. 2.02 Village Manager The Village Manager shall: 1. Ensure that the personnel system, its policies, principles, programs and procedures are administered according to the rules and regulations set forth in this Manual. 2. Make or approve all appointments to positions under his or her jurisdiction in accordance with these rules. 3. Have the authority to delegate the administration of the Village's personnel system, and its derivative policies, principles, programs and procedures. 2.03 Department Directors And Supervisors Department Directors and Supervisors shall: 1. Adhere to the rules and regulations set forth in this Manual, and to any policies, principles, programs and procedures established in conjunction with these rules and regulations. 2. Ensure, to the extent possible, that their subordinates comply with the rules and regulations set forth in this Manual. 2.04 Employees Employees shall adhere to the rules and regulations set forth in this Manual, and to any policies, principles, programs and procedures established in conjunction with these rules and regulations. ARTICLE 3 - RECRUITMENT AND EMPLOYMENT 3.01 Equal Employment Opportunity It is the policy of the Village to afford equal employment opportunities regardless of race, religion, color, age, national origin, sex, ancestry, disability(mental or physical), genetic information, military status, veteran status, marital status,order of protection status, unfavorable discharge from military service, pregnancy and sexual orientation all in accordance with applicable law. Such action shall include, but is not limited to: initial consideration for employment;job placement and assignment of responsibilities;performance evaluation; promotion and advancement; compensation and fringe benefits; training and professional development opportunities; formulation and application of human resource policies and rules; facility and service accessibility; and discipline and termination. The Village is an equal employment opportunity employer and will not discriminate against any employee or applicant for employment in a manner that violates applicable state and local laws governing nondiscrimination in employment in every location in which the organization has employees. Any employee who believes this policy has been violated should report the situation to a supervisor, the Human Resources Generalist Director or the Assistant Village Manager. All such matters will be held in confidence, thoroughly investigated and rectified if a policy violation is identified. Please refer to the policy governing sexual and other types of harassment (Section 7.02 of this Manual) for more detailed information concerning the Village's investigative procedures. The Village strongly encourages use of this policy if necessary and assures its employees that they need fear no reprisals for bringing forth a good faith claim, regardless of the results of any investigation. See also Section 3.03 Recruitment and Selection, Section 7.02, Anti-Harassment and Retaliation, and Section 7.04, Americans with Disabilities Act. 3.02 Employment It is the intent of the Village to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship, at will, at any time is retained by both the employee and the Village. Each employee is designated as either NONEXEMPT or EXEMPT according to federal and state wage and hour laws. NONEXEMPT employees are entitled to overtime pay and are under the specific provisions of federal and state wage and hour laws. EXEMPT employees are excluded from specific provisions of federal and state wage and hour laws. In addition to the above categories, each employee will belong to one other employment category: 2 A. Definitions 1. An Introductory Full-Time Employee is an employee hired to work 40 hours per week, who is eligible for all the benefits of regular full-time employees(subject to applicable waiting provisions), and who has not yet completed his or her introductory period. 2. An Introductory Part-Time Employee is an employee hired to work less than 35 hours per week, who is eligible to receive certain benefits pursuant to State and Federal law, and who has not yet completed his or her introductory period. 3. A Regular* Full-Time Employee is an employee hired to work 40 hours per week, who is eligible for all the benefits of regular full-time employees(subject to applicable waiting provisions), and who has successfully completed his or her introductory period. 4. A Regular* Part-Time Employee is an employee hired to work less than 35 hours per week, who is eligible to receive a vacation benefit if they work a minimum of 910 hours per year and for 26 consecutive pay periods, who is also eligible to receive benefits pursuant to State and Federal law, and who has successfully completed his or her introductory period. 5. A Temporary Employee is an employee hired to work a number of hours per day and/or week, for a limited period(s), as determined or approved by the Village Manager, who is eligible to receive only benefits payable pursuant to State and Federal law. 6. A Seasonal Employee is an employee hired to work either full-time or part-time on a seasonal basis, generally during the summer months unless otherwise specified in the offer of employment, who is eligible to receive only benefits payable pursuant to State and Federal law. *A"Regular Employee" is simply an administrative designation. It does not mean that the employee has a permanent job and is not in any other way inconsistent with the Village's employment at will policy. B. Department Directors - Persons in the following positions are considered to be Village Department Directors: 1. Village Manager 2. Assistant Village Manager-Police Chief 3. Public Works Director 4. Finance Dir- ,.*^rFire Chief 5. Fif e Chie inane Director 6-. Lib�-eete 6. Human Resource Director 7. Director of Development Services 8. Information Technology Director 9-7Pefiee CWeFHead Librarian 10 8.Elie We g-Dir-aTew Golf Club Manager/Superintendent 3 i C. Introductory Period- Except for sworn police and fire personnel covered by the Board of Fire and Police Commissioners rules and regulations, and public works employees below the grade of Department Director, all appointments to Village service are made for an introductory period of six(6) months. Public works employees shall have a twelve (12) month introductory period in order to be evaluated during all seasons. The initial introductory period for all employees, new and promoted, may be extended or shortened with the approval of the Village Manager. Upon completion of the introductory period, the Department Director shall recommend and determine, in consultation with the Village Manager, whether to appoint the employee to regular status. Again, this is simply an administrative designation. It does not mean that the employee has a permanent job and is not in any other way inconsistent with the Village's employment at will policy. 3.03 Recruitment And Selection A. Recruitment - To reach the broadest possible pool of qualified job applicants,the Village recruits candidates for available jobs both from within and outside of the organization. Whenever possible,job openings are posted internally. Internal recruitment efforts are undertaken to promote qualified employees. Job openings are displayed in public areas of Village buildings, the Village website, and may be advertised in area newspapers, professional and municipal publications, cable television stations, college job placement publications, and other types of media. Openings may also be listed with job agencies in efforts to achieve the Village's goal of reaching a diverse pool of qualified applicants. B. Selection- Prospective employees are selected based on criteria determined by the Department Director and/or Village Manager. 1. Conditional Offer of Employment a. Physical Examination- All persons to whom a conditional offer of introductory full-time employment is extended shall undergo a physical examination performed by a Village-designated physician at the Village's expense. Conditional offers made to individuals who are not recommended for employment by the examining physician may be withdrawn only if the physical problem identified during the examination will prevent the person from performing the essential job functions and cannot reasonably be accommodated by the Village. Except as stated in Subsection l.b. below, persons who pass the examination are hired, unless bona fide job-related reasons exist for withdrawing the conditional job offer. b. Applicants For Employment - Drug Testing 4 1. After an applicant is offered employment as one of the potential employees for a position, the Village will require the applicant to submit to a drug test. The Village will routinely test all applicants in top-standing or prospective employees for all part time, seasonal, and regular full-time positions. 2. If the initial drug test is positive, a confirmation test may be run on the same sample using the most accurate testing method reasonably available. The Village will treat the applicant as required by law. A confirmed positive test will result in the withdrawal of a conditional job offer. 3. Employees required to hold a Commercial Driver's License (CDL) are subject to the U. S. Department of Transportation CDL Drug &Alcohol Regulations. The Village Policy addressing these regulations is attached as Appendix A. C. Applicants For Employment - Background Check- As a condition of employment for all new hires, the Village requires the execution of an Authorization to Release Information and the successful passing of a background investigation. 2. Recordkeeping - Records of physical examinations and drug testing shall be maintained separately and considered to be confidential. Only persons designated by the Village Manager as having a need to know may access such records. 3.04 Physical Examinations In addition to the post-offer physical examination described above, the Village requires special physical examinations to determine fitness for duty, at Village expense, as follows: a. In instances where circumstances deem advisable by the Village Manager, any Village employee may be required to undergo a special physical examination. b. Sworn Police and Fire personnel will be required to have a medical examination once every three (3) years until age 45, once every two years until age 55 and annually after age 55. C. Department Directors will be required to have a medical examination, subject to Village Manager approval, once every three(3) years until age 45, once every two years until age 55 and annually after age 55. 3.05 Transfer A transfer occurs when a current employee is moved to a position with a similar level of responsibility and within the same pay grade. Transfers of employees within or between 5 departments, either on a permanent or a temporary basis, may be made based on the recommendation of the Department Director(s), and with the approval of the Village Manager. 3.06 Promotion A promotion occurs when a current employee is advanced to a position with greater responsibility and a higher pay grade. Employees are encouraged to discuss opportunities for promotion with their supervisor or Department Director. They are also encouraged to indicate their interests in career advancement within the Village on their performance appraisal forms, and to ask their supervisors for guidance on how they may achieve promotion. 3.07 Demotion A demotion occurs when a current employee is moved to a position with lesser responsibility and a lower pay grade. A demotion must be recommended by the Department Director and is subject to review and approval by the Village Manager. Employees may be demoted to a lower job classification if they fail to meet the requirements of the job classification they occupy or for disciplinary purposes, and if there is a position available in a lower job classification for which they are qualified. 3.08 Separation A. Resignation- To resign in good standing, an employee must give his or her Department Director a minimum of two weeks written notice of his or her expected last work day. Failure to provide the proper notice shall be noted in the employee's personnel file. The Department Director shall immediately forward the written notice to the Village Manager stating the date of the resignation on a Personnel Action Report Form. B. Waiver/Pay in Lieu of Notice - The Village Manager may waive the two-week notice requirement and require an employee to leave the Village immediately, if the waiver is deemed to be in the best interest of the Village. The Village Manager may further pay the employee, in lieu of notice, their regular rate of pay for up to ten work days, and ask them to leave the Village immediately. C. Termination- See Section 8.05, Termination. D. Return of PropertX- Village property must be returned on the last day of employment or as otherwise agreed to between the Village and the employee. Such property includes, but is not limited to, the Personnel Manual, Departmental Manuals, uniforms, keys, tools or other Village-owned equipment, safety gear, I.D. card, and all other property that belongs to the Village. Items shall be returned to the employee's supervisor or Department Director. 3.09 Work Force Reduction Policy A. General Provisions 6 The purpose of this policy is to provide for an orderly and equitable transition in staffing when a work force reduction is necessary. Conditions such as lack of work, lack of funds, abolishment of a position or when Village, department, and/or division restructuring for economic or programmatic reasons or work schedule changes may require reductions in staffing. It is the Village's goal to balance the needs of the residents of Oak Brook and minimize any disruption of services, while respecting the dignity of employees affected. B. Application This policy applies to work force reductions affecting full and regular part-time positions within a job classification or due to job elimination within any department. Prior to implementing a reduction in force, the Village may consider other alternatives such as reducing personnel by attrition, hiring freezes, changing employee work schedules or reducing work hours, furlough days, voluntary time-off, early retirement or other options. C. Reduction Criteria 1. In analyzing the job classifications to be affected in any work force reduction, department management must work in direct consultation with and obtain the approval of the Village Manager prior to announcing or finalizing any specific staffmg or personnel reductions. 2. The following criteria are to be used by each department in deciding specific positions and/or individual reductions after vacant and temporary positions are eliminated: • Performance factors that include job knowledge and the skill and ability of position incumbents (as documented in their most recent performance evaluations) necessary to do the work that remains to be accomplished; and the employee's work history in terms of documented disciplinary actions or performance deficiencies (as contained in their Human Resources personnel file). • Village length of service(defined as the period of continuous full or regular part-time employment based on the employee's most recent date of hire) is used as the determining factor when performance factors are comparable among staff to be reduced. 3. Management guidelines for work force reductions will be adapted and issued to cover any Village specific situation as needed. Each department must provide written support in the application of the criteria when selecting among employees in the same job classification and performance rating level. D. Notice and Severance Schedule 1. The Village will try to provide as much notice in advance of any work force reduction as possible and practical. The following schedule of severance pay shall apply for employees who are terminated because of a reduction in force and upon the complete execution of a Separation Agreement and Release. ;Completed Full Years of Service :Paid Days 7 Up to one Year 1 week 2 Years weeks 3 Years 3 weeks Years weeks 5 Years rw—eeks 6 Years "ee 7 Years 7 weeks 8 years or more 8 weeks When a reduction in force occurs, the separation date is the last date worked. If the reduction in force occurs during a disability leave, the separation date will reflect when the reduction in force occurred. This severance pay does not include any accrued vacation time, compensatory time, scheduled holidays, or severance pay days. Group insurance benefits will stop the day in which the reduction in force occurred unless a Separation Agreement has been accepted and fully executed by the affected employee. E. Benefits • Medical and Dental Coverage: Affected individuals may continue coverage under the provisions of COBRA. Currently, COBRA allows continuation of current coverage for a period of up to 18 months from the date of the reduction in work force for that employee (and the applicable dependents). Affected individuals may remain on the group plan and continue to pay the employee portion of the premium until the end of the month in which the reduction in force occurred if a Separation Agreement and Release has been signed and fully executed. Individuals enrolled in Blue Cross/Blue Shield Plan may convert to COBRA with Blue Cross/Blue Shield without evidence of insurability(thereby assuring coverage for any pre-existing condition). • Life Insurance: Insurance coverage ceases as of the last day of work. The life insurance plan may be converted during a 30-day grace period to a direct pay plan by contacting the carrier. Enrollment forms are available in the Human Resources Department. • Vacation Time, Holiday and Compensatory Time: Earned and accrued vacation and holiday time will be paid in accordance with Village's personnel policy and are considered separate and in addition to severance pay. Additionally, any approved compensatory time will pay out with the employee's final paycheck. F. Transfer and Re-employment Eligibility • Transfer Eligibility: Employees affected by a work force reduction(due to reduction in the job classification or job elimination) have no displacement rights, but may apply for any open positions for which they are qualified. • Re-employment Eligibility: Employees affected by a work force reduction will remain eligible for re-employment for a period equivalent to their length of service up to a maximum of one year from their last day of work. Any eligible employee will need to apply for an open position and complete the same process as other potential 8 candidates. Upon rehire the employee will be reinstated to their most recent date of employment (prior to the reduction). Individuals affected by the reduction will be considered for future vacancies based on the same criteria used in the reduction. However, there is no guarantee of being recalled to a former position or rehired to any other position with the Village. 3.10 Exit Interviews A. General Provisions 1. The purpose of an exit interview is to take advantage of the general candor with which an employee will express themselves at the time of separation from employment in order to learn of strengths, and areas which might be improved upon, throughout the Village. 2. As part of the separation procedure, Department Directors should provide that all regular full-time and regular part-time employees are scheduled for an exit interview with the Human Resources Generalist prior to separation. 3.11 Re-Employment The Village does not prohibit re-employment of former employees who have resigned in good standing. If such a full time employee is re-employed within 30 days of leaving Village service, the Village Manager, at his discretion, may reinstate the employee with credit for prior service time and benefits. After 30 days, such an individual shall start as a new employee from the date of re- employment. 3.12 Job Postings To promote the efficient filling of job vacancies and provide opportunities for career growth, the Village follows a promotion-from-within procedure where qualified candidates exist for open positions. As part of that procedure, all vacant non-management positions are posted at the worksite where they occur, and bids or applications are accepted from interested employees in accordance with the general procedures set forth below. The Village reserves the right to recruit from outside the Village when no qualified internal applicants exist (in the discretion of management) and/or when it is deemed within the best interest of the Village to do so. Job posting locations. All non-management vacancies are posted at the worksite where the job is located for at least five (5) consecutive working days. -. Eligible employees. All regular full-time and part-time employees can apply for a posted job on the following conditions: (1)They meet the minimum qualifications included in the job description and vacancy announcement; (2)they have been in their present position at least six months; (3) 9 they have bid on no more than two other job vacancies in the past 12 months; and(4) their present job grade is equal to or lower than the job they are bidding on. 10 ARTICLE 4 - HOURS OF WORK AND PAY 4.01 Hours Of Work A. In General- The scheduled hours of work for employees may vary among departments based on operational demands. To the extent practical, scheduled hours of work shall be uniform for employees assigned to the same unit and performing essentially the same duties. Variations in scheduled hours of work between employees assigned to the same unit must be approved in advance by the Department Director and Village Manager. B. Work Schedule and Work Week- The normal hours in a work week vary with department and job function. Certain fire personnel work an average of 56 hours per week. Starting and ending times are determined by Department Directors with the approval of the Village Manager. Some schedules routinely require work on Saturdays and Sundays. The work week is defined as starting at 12:01 a.m. on Sunday morning and ending midnight Saturday night. When business or operational needs demand a change in the work schedule of employees, Department Directors may revise work schedules subject to the approval of the Village Manager. 4.02 Lunch Periods & Rest Periods All employees who are scheduled to work six or more hours in any one work day will be provided a 30 or 60 minute lunch period, depending on their department's work schedule. Lunch periods should generally be taken between 11:30 a.m. and 2:00 p.m. by employees working a regular work day(anytime between 8 am and 6 pm). Lunch periods are not considered hours worked, except for commissioned fire personnel. Non-exempt employees who work at least an 8 hour work day may receive up to two 15-minute rest periods during their normal work day as scheduled by the Department Director. Rest periods are considered hours worked and are paid. Rest periods should not be used to extend lunch periods or other rest periods unless approved by the supervisor. 4.03 Compensation For Overtime Work A. General Provision- Employees covered by the Fair Labor Standards Act (FLSA) regulations and the Illinois Minimum Wage Law, 820 ILCS 10511-15 et seq. are referred to as "non-exempt" employees. Non-exempt employees shall not work more than their regularly scheduled daily or weekly shift unless authorized by the Department Director or his or her designee. An employee who works more than the regularly scheduled daily or weekly shift will be paid for the extra time whether or not permission has been obtained, but may be subject to discipline for insubordination if they continue to work unauthorized overtime. It is the responsibility of supervisors and Department Directors to ensure that employees are not working unauthorized overtime. Employees may arrive at their work station before their shift begins or remain after their shift ends, but they may not perform any Village work during such periods. 11 Overtime shall be paid to non-exempt employees who work hours in excess of 40 hours per week. The payment may be made in the form of cash or compensatory time. The time rate for hours worked in excess of 40 hours in a workweek shall be in all cases one and a half times the number of overtime hours worked, except as provided in section 5.05 C.3. B. Exceptions to Overtime Compensation 1. Exempt Employees - Certain employees are designated exempt from FLSA regulations. This group of employees is referred to as "exempt" employees. Exempt employees are those employees assigned to bona fide executive, administrative, or professional positions within the meaning of the FLSA. As such, they are exempt from the wage and hour provisions of the FLSA. Employees will normally be notified at the time of hire or at the time they are placed into a position as to whether the position is exempt or nonexempt. 2. Compensatory Time- Eligible employees are employees who are subject to the federal Fair Labor Standards Act (FLSA) nonexempt employees. Exempt employees under the terms of the FLSA and are not eligible employees. Overtime hours are any hours worked in a given work week in excess of forty(40)hours. The beginning day of the work week for each eligible employee shall commence at 12:01 a.m. on Sunday and end at midnight on Saturday. For each hour of overtime worked by an eligible employee in a given work week, one and one half(1-1/2) hours of compensatory time may accrue. Eligible employees may earn or accrue not more than 80 (eighty) hours of compensatory time in a year. An eligible employee who has accrued compensatory time shall be allowed to use said time with a reasonable period following accrual so long as the operations of the Village are not unduly disrupted. An eligible employee who is terminated, and who has accrued compensatory time, shall be paid for such accrued compensatory time at a rate not less than the average rate of pay for the preceding three years, or the final regular rate of pay, whichever is higher. Records shall be maintained to evidence the overtime hours worked by each eligible employee in a given work week, if any, and the number of hours of compensatory time accrued by each eligible employee, if any. Nothing herein shall prohibit the employer, at the employer's option, of freely substituting cash, in whole or in part, for compensatory time off; and an overtime payment in cash does not affect subsequent granting of compensatory time in future work weeks or work periods. An employee may also request payment in cash. Cash payments to an employee for accrued compensatory time may be made at any time except that on termination, payment shall be in accordance with the above paragraph pertaining to termination. No employee shall otherwise have the right to receive, upon request, cash in lieu of accrued compensatory time. 12 C. Hours Worked- For purposes of determining overtime compensation, the fellewing , pefs > ber-eavement leave,jufy duty leave, leave eevefed by wer-kefs'eenTensmi_.., time, and siek my hours actually worked will be counted towards the determination of whether an employee has worked more than 40 hours in a workweek Hours paid but not worked is not considered hours worked. This includes but is not limited to the following categories of paid benefit time that does not count as hours worked: vacation,holiday personal day, bereavement leave,jurduty leave absences covered by workers' compensation, compensatory time, and sick leave. For sworn police and firefighter the overtime threshold is not 40 hours but is the applicable numbers of hours per Section 7(k) of the Fair Labor Standards Act(FLS& . In addition, Village required attendance at lectures, meetings and training sessions during regular work hours are considered hours worked for purposes of determining overtime compensation. D. Emergency Call-In- A non-exempt employee called in to respond in an emergency during the employee's off hours will be compensated for a minimum of two (2)hours at an overtime rate regardless of whether the employee has worked eight (8) hours previously in that work day, 40 hours in that workweek, or works the full two hours when the employee is called in. 4.04 Time Recording And Recordkeeping A. ReMonsibilit�of Department Directors- Department Directors are responsible for ensuring the proper recording of hours worked. Before an accurate recording of hours worked or absent are submitted to Payroll, the Department Director shall have reviewed, approved and signed(physically or electronically) the documents to signify that the documents are complete and correct. B. Employees'Responsibilities - Employees are responsible for accurately completing their own time sheets in compliance with departmental procedures, and for signing same. Falsification of a time sheet or other time or pay record is grounds for disciplinary action up to and including termination of employment. 4.05 Payroll A. Payroll Period - The payroll period covers two work weeks and begins at 12:01 a.m. Sunday and ends 14 days later at midnight Saturday. B. Pay Day- The Village's designated pay day is Thursday of the week following the end of a payroll period. When pay day falls on an official holiday, payroll checks and direct deposit advice slips are normally distributed on the preceding business day. 13 Payroll issues and notifies employees of direct deposit advice. It is highly recommended that all employees set up and maintain a Direct Deposit account for their paycheck. Payroll advices are emailed to employees on or before the pay date. C. Final Check 1. Availability- Upon separating from employment, whenever possible the employee's final check will be available on the next regularly scheduled pay day. 2. Treatment of Benefit Hours - Final payroll checks normally include compensation for all hours worked during the last pay period; unused vacation hours earned during the preceding base vacation period; all vacation hours accrued on a pro-rata basis during the current base vacation period; unused earned holiday hours that have passed on the calendar(Police and Fire personnel); 25% of accrued sick leave pursuant to Section 5.02; unused compensatory time (for non-exempt employees), and separation bonus, where applicable. 3. Deductions and Withholdings- The Village reserves the right to withhold from the final payroll check, in addition to the normal deductions and withholdings, any outstanding expenses, deductions(such as deductions for holiday time taken but not yet earned), and lost or damaged Village equipment, in accordance with applicable law. D. Payroll Check Errors- Any employee who believes there is an error in his or her paycheck should notify his or her Department Director immediately. The Department Director shall notify Payroll. Corrections will be made, when warranted, no later than the subsequent pay period or as otherwise required by law. 4.06 Reimbursement for Travel and Other Expenses General Provision- Employees are entitled to reimbursement for travel expenses when authorized by the Department Director and incurred in the course of conducting Village business, and for other pre-approved expenses. A. Mileage - Employees who are authorized in advance to use their privately owned vehicles for business reasons shall be reimbursed for mileage at the standard IRS rate. Employees are required to use Village vehicles when available. Private vehicles should only be used in unusual circumstances and with prior approval of a Department Director or the Village Manager. Proof of Insurance with minimum levels of coverage is required for all employees driving their own vehicle on Village business. B. Conferences and Other Out-of-Town Training - When employees attend conferences or other out-of-town training sessions, they shall be reimbursed for the reasonable costs of attendance as approved in advance by the Department Director and the Village Manager. C. Expense Reports-Employees must obtain pre-approval to attend conferences or other out-of-town training using the Village of Oak Brook Travel Request Form. The Travel Request Form must be routed to the employee's Department Director, the Finance 14 Director and the Village Manager for pre-approval. When the employee returns from the conference or training session, he or she must itemize expenses on the Travel Request Form, include itemized receipts and submit the Form to his or her Department Director. Expense reports must be approved by the Village Manager before employees are reimbursed. 4.07 Salary Plan/Salary Administration Policy The Village endeavors to compensate its employees fairly and competitively. To achieve that objective, the Village has established a Salary Plan and Salary Administration Policy. These documents are amended from time to time and are issued as a separate document. 4.08 Pay Deductions It is the policy of the Village not to take any pay deductions that would be in violation of the Fair Labor Standards Act, its regulations(specifically Section 541.602(a)),or applicable state law or local ordinance. Employees who believe their pay has been improperly deducted should report such improper deduction immediately to their supervisor. The complaint will be promptly investigated and the results of the investigation will be reported to the complaining employee. If the employee is unsatisfied with the findings of the investigation, the employee may appeal the decision to the Village Manager. Any employee whose pay is incorrectly deducted shall be reimbursed for such improper deduction no later than the next pay period after the improper deduction is communicated to management. 4.09 Wage Garnishments The Village expects its employees to be prompt in the payment of their personal debts. Employees should be aware that a court can order the Village to deduct amounts directly from an employee's pay when that employee has failed to pay his or her personal debts. Court-Ordered Garnishments. Any court-ordered garnishment for child support, family support, bankruptcies, or other judgments rendered against an employee must be forwarded immediately to the Village's Payroll Office for processing. Federal Tax Levies. A levy from the Internal Revenue Service must be forwarded immediately to the Village's Payroll Office for processing. Administrative Fees. The Village may deduct a fee from the employee's remaining earnings after deducting the appropriate amount for each garnishment it processes, in accordance with applicable law. 15 ARTICLE V - BENEFITS AND LEAVES 5.01 Approval of Leave Use of all forms of leave must be approved in advance by the Department Director. 5.02 Sick Leave A. Policy- Sick leave is not a privilege that an employee may use at his or her discretion. Sick leave may be used only in the case of: 1. Actual sickness 2. Disability of employee 3. Childbirth by the employee, spouse or a party to a civil union subject to the limitations of Section 5.02 C 2 4. Medical or dental appointment which cannot reasonably be scheduled during non- working time 5. Serious illness of members of the immediate family defined as follows, and subject to the limitations of Section 5.02 C 2: a. Spouse or Party to a Civil Union. Son or daughter C. Mother or father d. Sister or brother e. Mother-in-law or father-in-law f. Sister-in-law or brother-in-law g. Grandparents or grandparents-in-law B. Accrual- Upon the initial hiring of a full-time employee and after the end of the first month thereafter, such employee shall receive one(1) eight (8)hour day's sick leave or twelve (12)hours of sick leave for non-bargaining unit fire officers, regardless of the date of hire. Full-time employees accrue sick leave at the rate of one(1) day of sick leave for each full month of service, up to a maximum of 180 days; non-bargaining unit fire officers accrue 12 hours of sick leave for each full month of service, not to exceed 2,016 hours. Unused sick leave is carried from year to year. Any full-time employee using more than 24 hours sick leave(or FMLA for own serious illness) in a calendar month, or more than one(1) duty day in the case of commissioned Fire personnel, does not accrue sick leave for that month. C. Use of Sick Leave 1. To receive compensation while absent on sick leave, the employee shall notify his immediate supervisor not less than one (1) hour before the time set for beginning his or her daily duties. 17 2. Full-time employees may utilize up to three(3) days sick leave and Battalion Chiefs may utilize up to one(1) duty day of sick leave for a serious illness of a member of the immediate family or because of childbirth or adoption by the employee, spouse or party to a civil union, which shall be charged against accrued sick leave. 3. An employee using sick leave for more than three(3) consecutive scheduled days, or more than one (1) day for Fire shift personnel, must submit a statement from a physician certifying the illness(for themselves or the sick family member) and a return to work certification before compensation will be approved. Employees using sick leave for less than three (3) consecutive scheduled days, or one(1) day for Fire shift personnel, may be required to submit a statement from a physician. The Village retains the right to reasonably question sick leave usage and take reasonable corrective action to deal with unexcused excessive sick leave usage. Sick leave is a conditional benefit for the purpose of providing financial resources to employees who become unable to attend work due to personal or family-related illnesses. Claiming sick leave under false pretenses is grounds for disciplinary action up to and including termination. Patterns of sick leave use may cause suspicion of sick leave abuse. Sick leave pay may be withheld until an investigation into suspected abuse is concluded. If an investigation determines that the employee abused sick leave and, as a result,the employee has been overpaid, such overpayment shall be deducted from that employee's next pay. 4. An employee who is injured off duty and who recovers damages from a third party must reimburse the Village for any Village expenditures, including health benefits, from the recovery of damages. D. Payment for Unused Sick Leave Upon Separation- Upon separation following ten(10) years of continuous full-time service with the Village, employees can elect to receive either: 1. For employees hired prior to January 1, 2013, 25%of accrued sick leave not to exceed 180 days or the equivalent of 2,016 hours for the position of Battalion Chief, at the employees'then rate of pay; or 2. The Illinois Municipal Retirement Fund statutory service credit authorized pursuant to the provisions of Chapter 40 of the Illinois Compiled Statutes. 3. Employees hired after January 1, 2013 are not eligible for the 25% unused sick leave payout, however they are eligible for the Illinois Municipal Retirement Fund statutory service credit authorized pursuant to the provisions of Chapter 40 of the Illinois Compiled Statutes. 18 5.03 Vacation Leave A. Eligibility- All regular full-time employees are eligible for paid vacation leave. In addition, regular part-time employees are eligible for paid vacation leave pursuant to the provisions of subsection 5.03.D. B. Accrual 1. Computation of Vacation Leave: a. Vacation leave is computed in conjunction with the calendar year (January 1 to December 31), and earned in the calendar year prior to that in which it may be used, except that the initial vacation leave for regular part-time employees is computed pursuant to the provisions of Section 5.03.D. b. No vacation leave can be used by employees in the same calendar year in which the employee is hired, except at the discretion of the Village Manager, and, when appropriate, as part of the hiring process. C. All vacation leave to which the employee is entitled in a calendar year shall expire at the end of that calendar year except that the Department Director may recommend for the Village Manager's approval carry-over of up to one(1)week vacation leave or one years accrual for Department Directors unused due to operational circumstances not caused by the employee. Employee may request and the Village Manager may approve remaining vacation to be paid out at the end of the year if the unused vacation is due to extenuating circumstances (employee's serious illness). d. Generally, no employee may have more than the annual allotment of vacation leave in their individual vacation bank at any time. 2. Two Weeks—Vacation leave is computed in conjunction with the calendar year (January 1 thru December 31) and earned in the calendar year prior to that in which it is used. The initial annual vacation allotment shall be two (2)weeks of vacation prorated,based on the number of months worked in the year of hire. Regular full-time employees are allowed two (2)weeks of paid vacation leave beginning in the calendar year in which the second, third and fourth years of service are completed. The initial annual vacation allotment for Fire personnel above the rank of Fire Lieutenant working 24-hour shifts shall be six(6) duty days prorated based on the number of weeks worked in the year of hire. Fire personnel above the rank of Fire Lieutenant working 24-hour shifts are allowed six (6) duty days of paid vacation leave in the calendar year in which the second, third and fourth years of service are completed. 19 3. Three Weeks - Regular full-time employees are allowed three(3) weeks of paid vacation leave beginning in the calendar year in which the fifth year of service is completed. Fire personnel above the rank of Fire Lieutenant are allowed eight (8) duty days of paid vacation leave in the calendar year in which the fifth year of service is completed. 4. Four Weeks- Regular full-time employees are allowed four(4)weeks of paid vacation leave beginning in the calendar year in which the tenth year of service is completed. Fire personnel above the rank of Fire Lieutenant are allowed ten(10) duty days of paid vacation leave in the calendar year in which the tenth year of service is completed. 5. Five Weeks- Regular full-time employees are allowed five(5) weeks of paid vacation leave beginning in the calendar year in which the twentieth year of service is completed. Fire personnel above the rank of Fire Lieutenant are allowed thirteen(13) duty days of paid vacation leave in the calendar year in which the twentieth year of service is completed. 6. Management Personnel(Village Manager, Assistant Village M..,,age.., and Department Directors) - Shall be entitled to the following vacation benefits: a. Two weeks, as computed under Section 5.03 B.2. b. Three weeks in the calendar year in which the second year of service is completed. C. Four weeks in the calendar year in which the fifth year of service is completed. d. Five weeks, as computed under Section 5.03 B.5. C. Scheduling of Vacation Leave - The time at which an employee may use vacation leave shall be approved by the Department Director with due regard to the wishes of the employee and particular regard to departmental operations. Generally, seniority shall govern in the choice of vacation time. D. Vacation Leave for Regular Part-Time Emploe -. 1. After one(1) year of continuous service with the Village, regular part-time employees(minimum 910 hours worked in the previous year) shall be allowed vacation leave at a proportionate rate. Part-time vacation leave is computed in conjunction with the calendar year(January 1 thru December 31) and earned in the calendar year prior to that in which it is used. Part-time vacation accruals will 20 be calculated based on the number of hours worked in the previous year (minimum 910 hours worked) divided by 52 weeks and then adjusted for years of service based on the accrual they would receive as a full-time employee and calculated upon becoming eligible for vacation. 2. For employees hired after January 1, 2014 with a minimum of 1,000 hours worked in the previous year. Part-time vacation leave is computed in conjunction with the calendar year(January 1 thru December 31) and earned in the calendar year prior to that in which it is used. The initial annual vacation allotment shall be three(3)days of vacation. Regular part-time employees are allowed one (1) week of paid vacation leave beginning in the calendar year in which the second, third and fourth years of service are completed. Regular part-time employees are allowed two (2)weeks of paid vacation leave beginning in the calendar year in which the fifth year of service is completed. Vacation leave for regular part-time employees shall be adjusted annually in accordance with the above vacation leave increments based on years of service upon becoming eligible for vacation. 5.04 Personal Days All full-time non-union employees are entitled to three(3)personal leave days per calendar year. Personal leave days must be taken in the calendar year in which they are granted. 5.05 Holidays A. Eligibility- Except as stated below, all regular full-time employees are eligible for paid time off for specified holidays. Unless otherwise specifically authorized by the Village Manager, holidays shall be used in the calendar year in which they occur. B. Holidays Observed: • 1/2 Day New Year's Eve • New Year's Day • Presidents Day • 1/2 Day Friday before Easter • Memorial Day • Independence Day • Labor Day • Thanksgiving Day 0 Day After Thanksgiving 0 Christmas Eve • Christmas Day C. Application: 1. Holiday Compensation- Paid holiday compensation is computed as one (1) working day's pay at a straight-time pay rate and is credited to full-time non- 21 exempt employees in addition to the number of hours actually worked during the pay period. 2. Non-Represented Shift Personnel and Library Personnel a. Non-Represented Shift Personnel receive a time equivalent to other full- time Village employees for holidays scheduled by the Department Director. Any such employee, with the consent of the Department Director and the Village Manager, may carry over unused holidays scheduled for use during November and December to the subsequent calendar year upon demonstration of extenuating circumstances. b. Library Personnel required to work on a day that is observed as a holiday pursuant to 5.05.C.4, shall receive a full-time equivalent to other full-time Village employees for such holidays. Any such employee, with the consent of the Department Director and the Village Manager, may carry over unused holidays scheduled for use during November and December to the subsequent calendar year upon demonstration of extenuating circumstances. 3. Overtime, Paid Holiday- Work performed in addition to the regularly established number of hours a day or days a week by a full-time or part-time, non-exempt employee during a paid Village scheduled holiday is compensated at a rate of one and one-half(U/2)times the regular straight-time rate of pay in addition to the paid Village scheduled holiday compensation. The overtime rate for hours worked in excess of eight (8)hours on a Village scheduled holiday, and for all hours worked on a Village scheduled holiday if the employee is called in to work the Village scheduled holiday on his or her day off, is two (2)times the regular straight-time rate of pay. 4. Holidays Falling on a Weekend a. On Saturday- When a holiday, except Christmas Eve and New Year's Eve, falls on Saturday, the holiday is observed on the preceding Friday. If December 25 and January 1 fall on Saturday, the Christmas Eve and one-half day New Year's Eve holidays are observed on the preceding Thursday and Thursday afternoon, respectively. b. On Sunday- When a holiday, except Christmas Eve and New Year's Eve, falls on Sunday, the holiday is observed on the following Monday. If December 25 and January 1 fall on Sunday, the Christmas Eve and one-half day New Year's Eve holiday are observed on the preceding Friday and Friday afternoon,respectively. C. On Monday- When December 25 and January 1 fall on Monday, the Christmas Eve holiday and the one-half day New Year's Eve holiday are observed on the preceding Friday and Friday afternoon, respectively. 22 5. Work Shift Changes - Any employee whose shift commenced during a holiday and who worked a full shift shall be considered as having worked on the holiday. 5.06 Bereavement Leave The Department Director may grant a regular full-time employee up to three(3)bereavement leave days for a death in the immediate family as defined in Section 5.02.A.5. Fire officers above the rank of Lieutenant may receive up to one(1) duty day with full pay for the same purpose. 5.07 Jury Duty Full-time employees shall be granted time off for required jury duty. Leave with pay may be authorized for employees called for jury duty as required by statute. When such leave is granted, employees will receive their full compensation. The employee must present evidence of jury duty attendance upon their first day of returning to work, however the stipend for jury duty service may be retained by the employee. 5.08 Military Leave A. General Provisions 1. Regular full-time and regular part-time employees are entitled to leave to perform military duty training in the uniformed services,either state or federal. An employee taking such Military Leave shall receive their regular pay for the period of training. The Village shall continue to provide group medical insurance and group life insurance coverage during the employee's Military Leave. Such employees shall be considered to be on a leave of absence without separation from employment with the Village. When an employee is called to active duty the Village will pay the difference between the employee's base pay and military base pay. The employee is required to submit deployment orders to their supervisor in order for the Village pay to be calculated and dates of leave documented. 2. Extended Military Leave Any Military Leave which extends beyond a five (5) year period and is not otherwise covered by a Village-approved paid leave of absence, shall be referred to as Extended Military Leave and result in separation from employment with the Village. The Village complies with the Uniformed Services Employment and Re-employment Rights Act (USERRA), which provides that such employees have certain notification responsibilities and reinstatement rights to employment with the Village. The Human Resources Department should be consulted on specifics of any Extended Military Leave and rights of reinstatement. 3. Employees may be required to provide the name, address and phone number of their commanding officer, as well as copies of their military orders(if applicable) to be eligible for Military Leave. 23 5.09 Family and Medical Leave Act (FMLA) This policy contains information consistent with and in addition to the information contained in the "Employee Rights and Responsibilities"(found at the end of this section) and is meant to provide additional information about the Village's specific policies and procedures under the Family and Medical Leave Act. In the event of any conflict between the "Employee Rights and Responsibilities"and this policy, the "Employee Rights and Responsibilities"will prevail. Basic Leave Entitlement Employees may be eligible to take up to 12 weeks of unpaid family/medical leave within a 12 month period and be restored to the same or an equivalent position upon return provided that the employee has worked for the Village for at least 12 months AND worked at least 1250 hours in the last 12 months. The"12 month period" is measured rolling backward from the date an employee uses any FMLA leave. Reasons for Leave: If an employee is eligible, the employee may take family/medical leave for any of the following reasons: (1)the birth of a child and in order to care for such child; (2) the placement of a child with the employee for adoption or foster care; (3)to care for a spouse, party to a civil union, son, daughter or parent("covered family member") with a serious health condition; or(4) because of the employee's own serious health condition which renders the employee unable to perform the functions of the employee's position. Leave because of reasons one and two above must be completed within the 12 month period beginning on the date of birth or placement. In addition, spouses employed by the Village who request leave because of reasons one or two or to care for an ill parent may only take a combined aggregate total of 12 weeks leave for such purposes during any 12 month period. Military Family Leave Entitlement If an employee is eligible, the employee may use the 12-week FMLA entitlement to take military family leave. This leave may be used to address certain qualifying exigencies related to the covered active duty or call to covered active duty of a spouse,party to a civil union, son, daughter or parent. Qualifying exigencies may include(1) attending certain military events; (2) arranging for alternative childcare; (3) addressing certain financial and legal arrangements; (4) attending certain counseling sessions; (5) addressing issues related to short-notice deployment; (6) spending time with a covered family member who is resting and recuperating; (7) attending post- deployment briefings; and (8) for certain activities relating to the care of the military member's parent who is incapable of self-care where those activities arise from the military member's covered active duty. An employee may also be eligible for up to 26 weeks of leave to care for a covered servicemember during a single 12 month period. This single 12 month period begins with the first day the employee takes the leave. A covered servicemember includes: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy or is in outpatient status; or(2) is on the temporary disability retired list; or (3) a covered veteran, meaning one who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and: "(i) was a member of the Armed Forces(including a member of the National Guard or Reserves); (ii) was discharged or released under conditions other than 24 dishonorable; and(iii) was discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for the veteran. Employees may not be granted a FMLA leave to gain employment or work elsewhere, including self-employment. If an employee misrepresents facts in order to be granted an FMLA leave, the employee may be subject to immediate termination. Notice of Leave: If the FMLA is foreseeable, the employee must give the Village at least 30 days notice in accordance with the usual procedure for requesting a leave of absence. Failure to provide such notice may be grounds for delay of the leave. Where the need for leave is not foreseeable, the employee is expected to notify the Village as soon practicable and, absent unusual circumstances, in accordance with the Village's normal leave procedures. Employees should contact Human Resources and complete an application for Family and Medical Leave. Medical Certification—Leave for Employee's Own or a Covered Family Member's Serious Health Condition: If the employee is requesting leave because of the employee's own or a family member's serious health condition, the employee and the relevant health care provider must supply appropriate medical certification. The medical certification must be provided within 15 days after it is requested, or as soon as reasonably possible under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The Village, at its expense, may require an examination by a second health care provider designated by the Village, if it reasonably doubts the medical certification you initially provide. If the second health care provider's opinion conflicts with the original medical certification, the Village, at its expense, may require a third, mutually agreeable health care provider to conduct an examination and provide a final and binding opinion. The Village may also require medical recertification periodically during the leave and employees will be required to present a fitness for duty verification upon their return to work following a leave for the employee's own illness specifying that the employee is fit to perform the essential functions of the job. Certification for a Oualifving Exigency: If the employee is requesting leave because of a qualifying exigency arising out of a covered family member's active duty or call to active duty, the employee must supply a copy of the covered military family member's active duty orders or other documentation issued by the military indicating that the covered military member is on active duty or call to active duty(including the dates of the active duty service). The Village may also request additional information pertaining to the leave. Certification for Servicemember Family Leave: If an employee is requesting leave because of the need to care for a covered servicemember with a serious injury or illness, the Village may require the employee to supply certification completed by an authorized health care provider of the covered servicemember. In addition, the Village may also request additional information pertaining to the leave. Certification for Serious Iniury or Illness of a Veteran for Military Caregiver Leave: If an employee is requesting leave because of the need to care for a covered veteran with a serious injury or illness, the Village may require the employee to supply certification completed by an authorized health care provider of the covered veteran. In addition, the Village may request additional information pertaining to the leave. 25 Substitution of Paid Leave: FML leave is unpaid leave. For family leave for an employee's own serious illness, birth, adoption or foster placement, an employee is required to exhaust applicable available sick leave and paid vacation leave. In the case of employees who schedule holidays, the balance of holidays earned but not used in the calendar year at the time the leave commences and through the expiration of the leave must be exhausted before unpaid leave commences. For medical leave for a personal or family serious health condition, an employee is required to exhaust available paid sick(including the one day for Fire officers and three days for other full- time employees cited in Section 5.02 C.2.), and vacation leave. For the purpose of this section, accumulated sick leave shall be considered as available only to the extent that the sick leave privilege may be used pursuant to Section 5.02 of this manual. In the case of employees who schedule holidays, the balance of holidays earned but not used in the calendar year at the time the leave commences and through the expiration of the leave must be exhausted. In all cases, an employee is not required to exhaust available paid personal days or compensatory time. The exhaustion of this paid leave as identified above does not extend the leave period. In addition, if you are eligible for any additional paid leaves, such as short term/long term disability or worker's compensation, these leaves will also run concurrently with FMLA leave(where appropriate) and will not extend the leave period. When using paid leave in conjunction with FMLA leave, employees must comply with the requirements of the applicable paid leave policy. Benefits During Leave: During an approved FMLA leave, the Village will maintain the employee's health benefits as if the employee continued to remain actively employed. The employee will be responsible for their portion of the insurance premiums while on unpaid leave. Payment for the premiums should be coordinated with Human Resources before the leave begins, but must be received no later than the last day of the month for which the insurance covers. Intermittent Leave: Leave because of a serious health condition, to care for a servicemember with a serious injury or illness or because of a qualifying exigency may be taken intermittently(in separate blocks of time due to a single covered health condition) or on a reduced leave schedule (reducing the usual number of hours an employee works per workweek or workday) if necessary. If leave is unpaid, the Village will reduce the employee's salary based on the amount of time actually worked. In addition, while the employee is on an intermittent or reduced scheduled leave, the Village may temporarily transfer the employee to an available alternate position which better accommodates the recurring leave and which has equivalent pay and benefits. A fitness for duty certification may be required to return from an intermittent absence if reasonable safety concerns exist concerning the employee's ability to perform job duties. Job Restoration: If the employee wishes to return to work at the expiration of the leave, the employee is entitled to return to the same position or to an equivalent position with equal pay, benefits and other terms and conditions of employment. If the employee takes leave because of the employee's own serious health condition, the employee may be required to provide medical certification that the employee is fit to perform the essential functions of the job. Employees failing to provide the certification will not be permitted to resume work until it is provided. 26 EMPLOYEE RIGHTS XND RESPONSIBILITIES UNDER THE FAMMY AND MEDICAL LEAVE ACT Basic Leave Enlidemeut use of Litre PMLA regmes eovtred m;*vr to provide up to LI Reeks of mrpnd,job- An empkM does cot need to use this leave emifAcom z one bbdc.Lease paatected leave to alre empimseas is the Eoliwime raisons: cmmbe talc®tam}or on a mdwad leove schecb a R•bee madicaLIx • For mca,.aandue m paegmancy,paeoma'.me&cn'.care or dual birth: necessary.E=pkntes must make rea enable affarm-to scbedale Lane for • To care far the en�oree�s child aft bmL or pLwemet for aiopdm P�"1O""'ti>attmoart so as oat m imdil.dinupt the et��s or foster cam operaboas.Leme due to q z2iAine a may also be taken on an • To care for the enpee's spta%sm or da ghter.or pattart woo has mte>ateen bars a SaaouS hen h conkam or Substitation of Paid Leave for Unpaid Leave • For a sawus he&t CMAMW that make:the EMPIMue unable to Emplave is may choose or empiaya may mlia a use of acaued paid Imve perform the Maven's jab while taicmg F.VLA lance. It order to use paid leave for FNL4]anus ]Salitary Fam@v Leave Eaddemmts enVlor ees must cosh-with the erproya's normal paid leave policies Uigilrie®p'iosees with a sparse sacs daughoeror paam m acme dsmy or Employee Responsahrlioes cal to acme&m-stamts m the NanooW Guard or Resents m mWort of a boy m mut pmwide 36 dais adwece notice of the Dead to take FIMA cm=zmry opeianmm mac use their i week Dente emidema¢to Aduess Lem wbm the Deed is hceseeable. Rtes 30 lots ooace is not possiNe,the certain quahfrwg magemks QiLI fria.etc ei mal 1oc7uda M=cbE Empknw mus pm cede notice as som as pracurable and y must certain txtiw exam a_�for aisnaiv childcam addrassmg cemm f�•ial k arsoeemmmta anmdme certmt co-;A- sesnoas,asci comply with mm employer s Dorman ca]m procedses amndmg posh rantegtanon t&,fine; Employees zit p to de suf u3m mfo®anm for the eutpuoya to FAA also icc`,�s a special dame that Pamir;dLgrl`le d dme lane may gtakh for FMIA lsatecnm and the'ide iced m take to X weeks of leve to cite far a cornered €a�duranm at the Laave.'SuEida[mfo®atam mar me rde t�the ' up w t;unable t0 Emmons the bc3d%member s maple to se%wemembe dxW a smeie 1<�omh period.A covered s memembe ploy P ml� U a ctUt mamba of the eSmed Fa c&rode img a member of the in aha datlr a launder, ,o need Ir hospasalo err comrmd taammt tiaioo Guard or Resents,who has a serous rnnav or tIhuss inns ed in bs a haaHh core Imocida,or��tstmmcg support g the Deed for rte' ma line of novo m active dens that map render the senenu®be noedimIly firmly love Employees also must inform the emplace if the requested Lmfit to periatm hs or her dross for which the serer a uDdeg tag leave t;far a Danson be wig F'ro pr pease was cdcanon a rarer or xtd5ed Medical trmtmear or or IS m Mn:or is on �a�oleo may be rega¢ed to praade a petification penodtc ma tmmoray dzsabi:ac retired Inst 5- ° recem5atim suppnttmg rhe need.or dance. Benefits and Protettious Employer ResponsMaws ?gig FMA koame the empkn er must mamtam the ecopbn a's heahtt Covaui employs mat miam e�loyeas ragDatmg react Rdoet)mm they coveage mode my"grow henhh pLan7 on the same terms as tithe aTknw are edeiole under FM4 If iheJ as the nonce mus specify am addruanal W Dated m Rmdc 1 pm term tom Fhl1A leave.most e�alosees Mftmjb x as weL'as the ecmlosees ngtn and re�annbclices. If must be restored b them ons or egtn tent positions with egaira s pay. they we not ds Data the Mara lt»t preside a reason far the metigtbAin'. bmefm and orae emg oymet aetms Covered enplmer must Lr6zm empLaees if leave wX be designated as Use of F9II a leave cmDpt reT& the lass of am eapnaymmt bvefit that Frd1A protected and the atnomr of lease caimmd aeama the ample jee�s Use o f prior to me stat of re&z the leave ertifwmmt If the mime dsummes the t!a Leave u na FNIA- protected.the employe mmt nkf%the anpimme Etigiba'4'ty Regaarmeats Unlawfal Acts by Employers Eu;)lmees are eli_ if this have wodced for a covered employe for at FNG A makes it mlaw5L for Lover to iaast me eat.for 1.250 hams ore the pre tom 12 moots,and if a least 50 imertee wit rem or deny the a mak of an neat prasded nude employees are eoployed by the empLwa Richt 75 miles FydLL Definition of Serious Heahk Condition castanet or dis�ae aratCSt any persm for oppoolg aty practice A serious beahh cordon is an i2ness m6ut5-.its or phpsbcai or made unawU by F4EA err for=44Cmmem m ary proceeding under mom cmdmon that OWL%%either mm oeemgtt say m a—Who,moa or relamg to FNEA favi in'.err cocm�g u mret by a beakh core provide for a candilim that enha prevetrs the employee from.Pe=acmiz the liar ms of me Enforcement employee's job,or pre van the grali5ad€mi•y member from panicrpatine An employee may file a tomplama with the U.S Depanmaet of Labor at m school or orbs daily assumes. may brine a prnme hwmw agmait an atpinlir Subject m oetam caodinms the cmtiudeg ttattmeot ragtnremeai mac he M A does not afea aces-FadEW or Stare aR p mhfJ ag dis®inanam a met In a period of mapacay of more thm 3-m�+mze calendar days RPe�arty Stare err Intal lea or oollectrte bargaiaue a$eemem which cambined mora a least tam nm to a leaffi tae provider or we visit and a prmides greater fanihor nrednl have rights. reamec of caarmmg treament or iocapadn'due m pregpaocy''a F1iLai section 109(29 U-S-C.§261.9)requires FMI.A covered mrawacn'due to a cioraox condition Other coodmo s mac meet&e awate:r employers to post tke text of this notice_ Regulations 29 CFA§825,Dt)0(a)may require additional disclosures- ----------- For adiirtad bd rna0en: 1-9664US-WAGE(AW437-9343)TTY":14 74W562 i RWWA AGEHOURDOL.GOV r' l.ti.Wag•w%J Hisnr 11hi4m: ;J.S Dapwtzmw eLaker Empinym®c Sandanis Adei,,zt=m R'aaa and Has Dku3i= wpm i.a�a.„..e a•..n nano 27 5.10 Absence Without Leave Absence of an employee from duty, including the absence for a day or portion thereof,that is not authorized by prior approval shall be deemed to be absence without leave. Any absence without leave shall be without pay and is grounds for disciplinary action. Any employee who absents himself or herself for three(3) consecutive work days without an authorized leave shall automatically be considered to have resigned. 5.11 Other Leave Without Pay A. Duration/Purpose -The Village Manager may grant a full-time employee leave of absence without pay for a period not to exceed 90 calendar days. The Village Manager may grant a renewal of leave of absence on a quarterly basis not to exceed one year; provided that this provision does not apply to military leave. The criteria for approval is as follows: 1. Leave without pay shall be granted only when it serves to promote the mutual benefit and interests of the employee and the Village, in the sole judgment of the Village Manager. 2. Leave of absence for training or study to enable the employee to render more valuable service to the Village may be deemed as serving to promote mutual benefit and interest. 3. In the event that an employee has exhausted all forms of leave, including leave pursuant to the Family and Medical Leave Act, and an emergency occurs, the employee may request an emergency leave without pay. This request shall be directed to the Department Director, who shall make a recommendation to the Village Manager, who may approve or deny the request with whatever conditions he or she deems appropriate. B. Benefits- Employees who are on leave without pay shall not accrue vacation or sick leave, and will bear the employee cost portion of their medical, dental and vision insurance monthly premiums for the duration of any leave exceeding 14 calendar days. Eligible employees may apply for IMRF benefit protection leave. C. Reinstatement - When the employee is ready to return to work, he or she will be reinstated only if the same or a similar position is available and/or in accordance with applicable law. The employee is urged to consult the Village about reinstatement before taking the leave, and the Village will make its best effort to inform the employee of the likelihood of having a position available when the employee plans to return. 28 5.12 Victims' Economic Security and Safety (VESSA) Leave Purpose: The Victims'Economic Security and Safety Act ("VESSA")provides an employee who is a victim of domestic or sexual violence, or who has a family or household member who is a victim of domestic or sexual violence, with up to twelve(12) weeks of unpaid leave in a twelve(12)month period to address issues arising from domestic or sexual violence. General Provisions A. An employee may take VESSA leave to: 1. Seek medical attention for, or recovery from, physical or psychological injuries caused by domestic or sexual violence to the employee or employee's family or household member; 2. Obtain victim services for the employee or employee's family or household member; 3. Obtain psychological or other counseling for the employee or the employee's family or household member; 4. Participate in safety planning, including temporary or permanent relocation or other actions to increase the safety of the victim from future domestic or sexual violence; or 5. Seek legal assistance to ensure the health and safety of the victim, including participating in court proceedings related to the violence. Definitions A. "12-Month Period" - means a rolling 12-month period measured forward from the date leave is taken and continuous with each additional leave day taken. B. "Family or Household Member"—means a spouse, party to a civil union, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household; C. "Parent"- means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. D. "Son or Daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or is 18 years of age or older and incapable of self-care because of a mental or physical disability. E. "Domestic or Sexual Violence" - means domestic violence, sexual assault, or stalking. Coverage and Eligibility Both full and part-time employees are eligible to apply for this leave. VESSA leave may be taken intermittently or on a reduced work schedule. Substitution of Time Off 29 A. An employee may elect to substitute accrued paid vacation, sick or personal time or any other applicable paid time off for any part of Victims' Economic Security and Safety Act leave. Such substitution will not extend the employee's total allotment of time off under this policy. Notice and Certification Requirements 1. The employee shall provide the Village with at least 48 hours' advance -notice of the employee's intention to take leave, except in such cases where it is not practicable to provide such notice. If an unscheduled absence occurs, the Village will not take any action against the employee if the employee, upon request of the Village and within a reasonable period after the absence provides certification. 2. Employers may require certification that VESSA leave is to be taken for one of the general provisions enumerated in Section A above and that the employee or employee's family or household member is a victim of domestic or sexual violence. An employee may satisfy such a certification requirement by providing a sworn statement of the employee, and upon obtaining such documents the employee shall provide: • Documentation from a victim services organization, attorney, member of the clergy, or medical or other professional from whom the employee or the employee's family or household member has sought assistance; • A police or court record; or • Other corroborating evidence. 3. The Village is required to maintain the confidentiality of all information pertaining to the use of VESSA leave, notice of an employee's intention to take VESSA leave, and certification provided by the employee. Effect on Benefits During an approved VESSA leave, the Village will maintain your health benefits, as if you continued to be actively employed. If paid leave is substituted for unpaid VESSA leave, the Village will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium during the leave. Your group health care coverage may cease if your premium payment is more than 30 days late. If you do not return to work at the end of the leave period, you may be required to reimburse the Village for the cost of the premiums paid by the Village for maintaining coverage during your unpaid leave, unless you cannot return to work because of the continuation, recurrence, or onset of domestic or sexual violence or other circumstances beyond your control. Job Protection If you wish to return to work at the expiration of your leave, you are entitled to return to your same position or to an equivalent position with equal pay, benefits and other terms and conditions of employment. If you take leave because of your own medical condition, you are required to provide medical certification that you are fit to resume work. You may obtain Return to Work Medical Certification forms from the Village Manager. Employees 30 failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. Reasonable Accommodations The Village supports the Victims' Economic Security and Safety Act and will attempt to provide reasonable accommodations for people who are entitled to protection under this Act in a timely fashion, unless such accommodations would present an undue hardship for the Village. Reasonable accommodation applies to applicants and employees and may include: adjustment to a job structure, workplace facility, or work requirement, transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, implementation of a safety procedure or assistance in documenting domestic or sexual violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic or sexual violence. A qualified individual is an individual who, but for being a victim of domestic or sexual violence or with a family or household member who is a victim of domestic or sexual violence, can perform the essential functions of the employment position that such individual holds or desires. Should you wish to request a reasonable accommodation pursuant to this policy, you should contact the Village Manager. 5.13 School Visitation Leave Purpose The School Visitation Rights Act provides for the granting of unpaid leave for employees to attend school conferences or classroom activities of their children when such activities cannot be rescheduled during non-work hours. General Provisions 1. In order to qualify for School Visitation Leave employees must have been employed by the Village for at least six months and employed at least 20 hours per week. 2. Employees may be granted up to eight (8)hours per child during any school year; no more than four(4) hours may be taken at any one day. 3. Leave time under this provision may only be taken if the employee has exhausted all accrued leave time, except sick leave or disability leave. 4. The employee must provide the Village with a written request for leave at least 7 days in advance. In an emergency situation 24 hour notice is required. 31 5. The Village requires employees utilizing this leave to provide verification from the school of the employee-parent or guardian's attendance at the conference or classroom activity. School administrators are required by law to provide the employee with documentation of the school visitation. 5.14 Insurance Benefits A. The Village is self-insured, and offers medical, dental, and vision benefits under a group health plan. Currently, the options of a HMO, PPO or High Deductible PPO plan are available. The Village also offers benefits through a Group Dental and Vision Plan. Full- time employees and their eligible dependents may participate. Coverage commences as follows: • Medical on the 31" day of employment • Dental on the 31'day of employment • Vision on the I'day of the month following the date of employment • Life on the I'day of employment The Village also offers an Internal Revenue Code Section 125 flexible benefit plan, which is fully described in Article 5, Section 24, whereby employees may contribute funds, on a pre-tax basis, to pay out-of-pocket medical, dental, vision and child care/dependent care expenses. A summary plan description(SPD)that explains many of the benefits in greater detail is available from Human Resources. The actual plan documents, which are available to all employees, are the final authority in all matters relating to some benefits described in this manual or in the SPD and will govern in the event of any conflict. Additionally, the Village reserves the right to change or eliminate any benefits at any time in accordance with applicable law. Eligible employees who elect medical and dental insurance shall be obligated to pay the employee portion of the premium cost of the selected coverage (i.e., employee(single), employee plus one (single plus one), and family). For employee contribution rates for medical, dental and vision premiums, please see Human Resources. B. The Village provides group term life insurance to all regular full-time employees. Life insurance and accidental death and dismemberment insurance is provided to each regular full-time employee during the term of their full-time employment in the amount of $100,000. 5.15 Training and Development A. General Provision- The Village is committed to the training, development and education of its employees. To achieve this goal, training plans are developed at the individual department level and are submitted and approved within the annual budget process. Training plans highlight the developmental needs for each department, and activities are established and prioritized by balancing those needs with available funds. 32 The Village encourages employees to attend lectures, meetings, seminars and other job- related training programs. Advance approval must be obtained for attendance and reimbursement of any costs. An employee will be paid while attending a training session unless the training goes towards a degree program. In either case an employee cannot receive additional compensation for time spent in training. Additionally, there will be no payment for travel time to and from training. When employees voluntarily attend meetings, lectures, college courses, or other training sessions conducted by independent schools, colleges, associations, or other persons, or entities, their attendance shall be unpaid, even if the Village pays the tuition for such courses under an educational assistance program or other policy. B. Reimbursement Criteria 1. Training - Employees shall be reimbursed for appropriate and necessary costs incurred for attending seminars or other types of training approved in advance by the Department Director or his or her designee. Employees must complete and submit to their Department Directors a Village of Oak Brook Travel Request Form. This form is used to record estimated expenses as well as actual expenses associated with training. Employees shall attach to the Travel Request Form receipts for all itemized expenses. Upon approval, Department Directors shall forward expense reports and receipts to the Village Manager or his designee for review and final approval. 5.16 Professional Society Membership; Conference Attendance A. Membership - Village employees are encouraged to affiliate with professional organizations or societies for which they qualify by profession and position, provided that such affiliation also benefits for the Village. The full Membership fee will be paid by the Village if it is approved in the annual Village budget. B. Conference Attendance 1. Full-time employees, with the approval of the Department Director and the Village Manager, are eligible to attend professional conferences. Attendance is conditioned on the following: a. The conference is in a field directly related to the employee's responsibilities. b. Work load permits their absence from duties. C. Funds are budgeted and available within the Department. 2. Employees are also encouraged to attend short courses or seminars. Approval from the employee's Department Director or in the case of a Department Director, 33 the Village Manager, is required to attend. Permission to attend may be granted if it is determined there is sufficient benefit to both the employee and the Village. C. Compensation and Reimbursement of Expenses - The Village shall compensate an employee in attendance at a conference, provided such attendance is approved by the respective Department Director,or, in the case of a Department Director, the Village Manager, for all or portions of the following: 1. Registration. Actual cost of registration or fees at a meeting, conference, training or convention. Registration should be prepaid when possible through the Finance Department procedures. 2. Transportation. When possible, employees should use a Village vehicle for attendance at conferences and meetings. If use of a Village vehicle is not possible, mileage reimbursement in accordance with IRS regulations will be permitted from the Village to the destination of the conference or meeting and back. If air travel is necessary, employees should strive to fmd the most economical airfare available. Actual costs will be reimbursed including the fee for one standard luggage bag if necessary. If a rental vehicle is needed for any part of a conference, preapproval must be obtained prior to making the reservation. 3. Lodging. Overnight lodging will only be reimbursed for conference travel that lasts more than one business day and exceeds 50 miles from the Village of Oak Brook. Actual cost of hotel accommodations will be reimbursed, excluding any additional charges such as room service, additional guests, or special amenities, etc. 4. Meals. Meals not included in a conference or seminar will be reimbursed in the follow amounts. A maximum of$50 per day will be reimbursed for meals. Detailed receipts must be provided upon conclusion of the conference or seminar. At the discretion of the employees' supervisor, reimbursement for a meal may be provided if the meal is not included in the cost of registration or another extenuating circumstance exists. 5. Miscellaneous expenses such as parking, taxi, fuel for Village vehicles, etc., if required will be reimbursed at actual cost. The Village will not reimburse expenses for spouses, party to a civil union or others. Employees are responsible for maintaining itemized receipts for all expenses for which reimbursement will be sought. The Village will not reimburse employees for the following expenses: travel paid by another organization, alcoholic beverages, valet services (unless no other option is available), lodging and meals for family or guests, ancillary lodge fees such as room service, movies, etc., entertainment expenses, option lodging fees such as fitness area and spa fees, mileage when traveling as a passenger in a privately owned car, or trip insurance. 34 5.17 Retirement and Deferred Compensation Benefits A. General Provision- All Village employees, except police and fire sworn personnel, are covered by Social Security. Additionally, certain eligible employees are covered by the Illinois Municipal Retirement Fund (IMRF) as provided by Illinois law. 1. Social Security- Both the Village and the employee contribute to Social Security in equal amounts. Benefits are governed by the Social Security Act and employees are encouraged to contact the Social Security Administration periodically to verify their earnings. Benefit estimates may also be obtained by contacting the Social Security Administration. 2. Illinois Municipal Retirement Fund- The Illinois Municipal Retirement Fund (IMRF) is a statewide defined benefit public employee retirement plan that has been established pursuant to Illinois law. All employees who are expected to work a minimum of 1,000 hours per year contribute to IMRF through payroll deduction in an amount determined by statute. The Village also contributes to IMRF on behalf of all participating employees. To qualify for an IMRF retirement pension, an employee must be at least 55 years of age and have completed eight (8) years of service. The pension benefit is determined by a formula that is based on years of service and final average earnings. For more information, employees should contact IMRF: Illinois Municipal Retirement Fund 2211 York Road, Suite 500 Oak Brook, IL 60523 (630) 368-1010 3. Illinois Municipal Retirement Fund-Employees hired after January 1, 2011 with no prior IMRF service. Employees who enroll in IMRF January 1, 2011 and after will vest at 10 years of service, Employees are eligible for full retirement benefits at age 67, with a minimum age of 62 to collect a reduced benefit. Such employees are considered Tier II employees by the Illinois Municipal Retirement Fund. 4. Police and Fire Pension Funds - All sworn personnel of the Police and Fire Departments may apply for participation in the Police Pension Fund or Firefighters Pension Fund, as applicable. Only employees who are accepted into the Fund may participate. The Funds are managed by locally established boards in accordance with Illinois law. Both the Village and members of the Funds contribute to the Funds. Members should obtain more detailed information by contacting either the Police or Firefighters Pension Fund boards. B. Deferred Compensation Plan Employees may participate in a deferred compensation plan as authorized by the Village Board. Employees must complete the applicable enrollment documents with 35 the applicable organization, and the agreements must be approved by the Village Manager. C. Insurance for Retired Employees 1. Retired or disabled firefighters, as defined in Article 4 of the Illinois Pension Code, may elect to receive Village group hospitalization insurance for themselves and/or their dependents pursuant to Section 5/367(f) of the Illinois Insurance Code (Chapter 215 of the Illinois Compiled Statutes),provided that the full cost of said coverage shall be paid by the recipient. 2. Retired or disabled police officers, as defined in Article 3 of the Illinois Pension Code, may elect to receive Village group hospitalization insurance for themselves and/or their dependents pursuant to Section 5/367(g)of the Illinois Insurance Code, provided that the full cost of said coverage shall be paid by the recipient and provided further that in the event there is a conflict between the provisions of Article 3 (Policemen's Pension Fund--Municipalities 500,000 And Under) of the Illinois Pension Code(Chapter 40 of the Illinois Compiled Statutes) and the provisions of Article 4 (Firemen's Pension Fund--Municipalities 500,000 And Under) of the Illinois Pension Code, the provisions of Article 3 shall govern. 3. Persons who have ten or more years of continuous regular full-time employment with the Village and who are fully qualified for immediate receipt of an IMRF retirement or disability pension may elect to receive Village group hospitalization insurance for themselves and/or their dependents pursuant to the same conditions and procedures which are applicable to disabled or retired firefighters who are eligible to receive Village group hospitalization insurance pursuant to paragraph 979(f) of the Illinois Insurance Code, provided that the full cost of said insurance shall be paid by the recipient. D. Health Insurance under Public Safety Employee Benefit Act (PSEBA) The Village has established a policy for health insurance benefits pursuant to the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.). This policy is in recognition of the Village's obligations under state law to provide health insurance benefits to its public safety employees who qualify for, and are determined to be eligible to receive, certain health insurance benefits from the Village. Any full time firefighter or police officer who after November 14, 1997 suffers a catastrophic injury or is killed in the line of duty may apply for health insurance benefits under the Act by sending a letter of request for benefits to the Assistant Village Manager. Specific details as to the administrative process are available in the Human Resources Office. 5.18 Employee Assistance Program The Village provides an Employee Assistance Program(EAP)to all employees and their families. The EAP is a professional counseling and referral service designed to help employees and their families with personal problems. A confidential consultation may be arranged with a professional 36 counselor. Both short-term counseling and, if necessary, referral for additional treatment are available as part of this program. Employees may participate in the program by calling the EAP provider. The contact with the EAP is confidential, and the nature of the problem, as well as the treatment, are generally privileged information. No employer authorization is necessary to contact the EAP. Additional information is available in the Human Resources Office. 5.19 Uniform Provisions Police, Public Works, and Fire Department uniform and clothing allowance provisions are set forth in the appropriate Collective Bargaining Agreements. The Village will supply all other Police and Fire Department personnel, and clerical personnel with designated uniforms. The maintenance cost for uniforms provided to employees will be absorbed by the Village. Employees should review the uniform policy pertaining to their specific departments. While at work, employees must dress appropriately for the work that they perform. Employees required to wear uniforms shall wear their uniforms during duty hours. A supervisor may require an employee who is dressed inappropriately to change clothes before continuing work. It is the responsibility of the Department Director and/or supervisor to ensure that their workforce maintains an appearance appropriate to the tasks they are assigned. 5.20 Service Awards Service awards are presented at the completion of 10, 15, 20, 25, 30 and 35 years of continuous employment to all full-time,part-time and volunteer employees of the Village in recognition and appreciation of dedication and service to the residents of Oak Brook. In addition to the awards, all full-time employees of the Village shall receive the following, based on length of continuous full-time employment: 1. 10 Years $75 Gift Certificate 2. 15 Years $100 Gift Certificate 3. 20 Years $175 Gift Certificate Two (2) weeks additional vacation for that year only or 4. 25 Years Employees two (2)weeks additional pay, at the election of the employee. 5. 30 Years $200 Gift Certificate 6. 35 Years $250 Gift Certificate Employees 37 5.21 Benefits And Disability Payments For Non-Work, And Work, Related Injuries A. Eligible Village employees are covered by one of three separate pension and disability plans: the Illinois Municipal Retirement Fund, the Police Pension Fund or the Firefighters Pension Fund. Eligible employees are subject to the regulations governing disability benefits in each of their respective plans. B. A non-work related disability is any physical or mental impairment that makes a participating employee unable to perform the essential functions of the job description for their position but that did not arise out of and in the course of employment with the Village. C. In the event that an employee becomes eligible for and receives disability benefits from any of the above named funds prior to utilizing all of his or her accumulated sick leave and vacation leave, such benefits will cease to accrue and cease to be applied to the absence of the employee. Any unused sick and vacation leave will remain as a credit to the employee and will be administered in accordance with Village policy after the disability period is over. In the event of a permanent disability, the Village shall pay for any accrued, eligible leave. D. The following procedures will be followed in regard to the Village group health and life insurance program during a period of disability: 1. For the first three (3) months an individual is receiving a non-work,or work related disability payment from the IMRF, Police Pension Fund or Firefighters Pension Fund,the Village will pay for the employer's share of the cost of hospitalization and life insurance monthly premiums. 2. In recognition of the above and in order to qualify for this extension of benefits the individual receiving disability payments after the completion of the third month shall pay to the Village each month, an amount equal to the cost to the Village to maintain this individual in the health, dental and life insurance plan. 3. Inclusion of the individual in the health and life insurance plan shall terminate if for thirty(30) consecutive days, payment is not received by the Village. 5.22 Flexible Benefit Master Plan Establishment and Purpose 1. Establishment—The Village, establishes, effective as of September 1, 1997, a plan of flexible compensation for the eligible employees of the Village which shall be known as the Village Flexible Benefits Plan. 2. Purpose-The purpose of the Plan is to allow the eligible employees a method of funding: 38 a. the premium charges for their employer-sponsored group medical and/or life coverage; b. dependent care; and/or C. unreimbursed medical/dental claims, using pre-tax monies rather than after-tax monies. The plan is intended to comply with the provisions of Section 79, 105, 106 and 129 of the Internal Revenue Code of 1954, as amended by Tax Reform Act of 1984. Additional information on the Flexible Benefit Master Plan is available from Human Resources. 5.23 Employee Blood Donation Leave Eligible employees may use paid leave for up to one hour every 56 days to donate or to attempt to donate blood. DEFINITIONS A. "Eligible Employee„-means a full-time employee who has been employed for at least 6 months and who donates or attempts to donate blood. B. "Blood Donation"—means the act of donating blood in accordance with the nationally recognized medical standards for blood donation eligibility of the community blood bank as operated by the American Red Cross, America's Blood Centers,the American Association of Blood Banks, or other blood bank. AMOUNT OF LEAVE An employee may use up to one hour of paid leave every 56 days to donate or to attempt to donate blood. NOTICE,APPROVAL AND VERIFICATION REQUIREMENT An employee is required to give reasonable notice to the Village in the event that the employee chooses to use leave under this policy. A request for leave under this policy must be in writing and must include the day the employee wishes to use the leave along with a written statement from the blood bank indicating that the employee has an appointment on the day requested for leave to donate or attempt to donate blood. Upon the employee's return from an approved leave, the employee will be required to submit a written statement from the blood bank verifying that the employee kept the appointment. COMPLAINT PROCEDURE 39 Employees who believe that their leave has been improperly administered under this policy may file a complaint with their supervisor. The complaint will be promptly investigated and the results of the investigation will be reported to the complaining employee. If the employee is unsatisfied with the findings of the investigation, the employee may appeal the decision to the Village Manager. 40 ARTICLE 6 - SAFETY 6.01 Safety Policy Statement The Village is vitally concerned with the safety and welfare of all Village personnel and the public they serve. The Village acknowledges its obligation as a public employer to provide safe working conditions for its employees, and a safe environment for the public. While accidents are unplanned events, proper planning can limit them and control their impact when they do occur. Loss Prevention implies initiating such pre-planning activities as are necessary to minimize unsafe acts, control unsafe conditions, and contain environmental hazards. Effective loss prevention is an integral part of the effective and efficient utilization of Village resources. The Human Resource Director serves as the Village's Risk Manager and Safety Coordinator. Among the responsibilities of this position is the administration of the Village's various safety-related programs: ■ The Health, Safety and Wellness Committee procedure involves employees at all levels of the organization in reviewing, recommending and effecting positive change in safety- related matters. ■ The Safety Suggestion Box/Safety Contest program is a method by which employees can submit their ideas and suggestions pertaining to a single department, to the entire organization or to the Village at large. A number of loss control suggestions obtained through this program have been implemented to the benefit of the entire Village. ■ The Village-wide Return To Work program is designed to return to the job employees who have suffered work-related injuries as soon as they are medically able. ■ The New Employee Checklist program is intended to orient new employees to safety concerns in their work places. ■ The Vehicle Checkride program is designed to reinforce safe driving techniques for employees when operating Village vehicles. ■ The Safety Inspection Checklist program is a means by which Employee Safety Committee members physically inspect each department to identify and correct unsafe conditions. ■ The Identification Card Policy is a program that provides a consistent method of identification for employees, vendors, contractors, elected officials, volunteers and visitors. (See Appendix C) These and other elements of the Village's Loss Prevention Program are formal methods designed to protect Village employees, Village property, and the public. They also underscore the commitment of the Village to safe operations and delivery of public services. 41 All Village employees are expected, as a condition of employment, to adopt the concept that the safe way to perform a task is the most efficient and only acceptable way to perform it. Safety is considered an important element of supervisor and employee performance evaluations. More specific detailed information on regarding safety is available under separate cover in the Village Safety Manuals. 6.02 Employee Right to Know A. The Occupational Safety and Health Administration(OSHA) requires that employers, such as the Village of Oak Brook, have a Globally Harmonized System(GHS) (formerly the Right to Know program). Since the Village is a public institution, the Illinois Department of Labor(IDOL) is the enforcement authority for worker health and safety. IDOL requirements are essentially the same as OSHA's. The GHS law requires that an employer's program provide a means to identify and evaluate a hazard and to communicate appropriate information to employees. Employees shall be provided, and have access to, information concerning any hazardous material they work with, as well as any protective equipment necessary to prevent overexposure. B. As of June 1, 2015, the hazard communication standard(HCS) will require pictograms on labels to alert users of the chemical hazards to which they may be exposed. Each pictogram consists of a symbol on a white background framed within a red boarder and represents a distinct hazard(s). The pictogram on the label is determined by the chemical hazard classification. The Hazard Communication Standard(HCS) requires chemical manufacturers, distributors,or importers to provide Safety Data Sheets(SDS's) formerly known as Material Safety Data Sheets(MSDS's) to communication the hazards of hazardous chemical products. SDSs are to be made available to all employees and will be managed by the Public Works General Foreman. As of June 1, 2015,the HCS will require new SDS's to be in a uniform format, and include the section numbers, the headings, and associated information under the headings below: ■ Section 1 - Identification includes product identifier; manufacturer or distributor name, address, phone number; emergency phone number; recommended use; restrictions on use. ■ Section 2 - Hazard(s) identification includes all hazards regarding the chemical; required label elements. ■ Section 3 - Composition/information on ingredients includes information on chemical ingredients; trade secret claims • Section 4 - First-aid measures includes important symptoms/effects, acute, delayed; required treatment ■ Section 5 - Fire-Fighting measures lists suitable extinguishing techniques, equipment; chemical hazards;proper methods of containment and clean up. 42 ■ Section 6—Accidental release measures includes Personal precautions, protective equipment and emergency procedures, Environmental precautions, Methods and materials for containment and cleaning up ■ Section 7 - Handling and storage lists precautions for safe handling and storage, including incompatibilities. ■ Section 8 - Exposure controls/personal protection—lists OSHA's permissible Exposure Limits (PELs); Threshold Limit Values(TLVs); appropriate engineering controls; personal protective equipment (PPE). ■ Section 9 - Physical and Chemical properties— lists the chemical's characteristics. ■ Section 10 - Stability and reactivity lists chemical stability and possibility of hazardous reactions ■ Section 11 - Toxicological information includes routes of exposure; related symptoms, acute and chronic effects; numerical measures of toxicity. ■ Section 12 - Ecological Information ■ Section 13 - Disposal Considerations ■ Section 14 - Transport Information ■ Section 15 - Regulatory Information ■ Section 16 - Other Information includes the date of preparation or last revision. Any chemical that is used within the Village requires a subsequent SDS sheet. If a sheet is not readily available please notify your Department Director or designee immediately. 6.03 General Safety-Related Work Rules A. Applicability- All employees in every department must be aware of, understand, and comply with general work safety rules. The intent of these rules is to provide all employees with guidelines and directives to perform their jobs safely and to reduce their exposure to workplace hazards. Department Directors must establish additional job specific work rules for their employees. Department rules must be complied with and enforced in the same manner as these rules. 1. The following general safety work rules have been established for all employees and must be complied with: a. Report all personal injuries no matter how minor, whether or not first-aid is requested and whether or not the injury resulted in lost-time, to the immediate supervisor as soon as possible and before the end of the work shift. 43 b. Inspect tools and equipment (including motorized vehicles)before use. Report defects to supervisors and other potential users. Do not use unsafe tools or equipment. C. Operate only machinery employee is trained and authorized to use. d. Report to work in appropriate clothing suitable for the type of work performed. e. Wear personal protective equipment as required by the work performed (see Village Safety Manuals). f. Refrain from horseplay and practical joking on the job. g. Work at speeds consistent with safety. h. Obey all warning tags and signs. i. Refrain from removing or making ineffective safety guards, appliances or devices from machinery or equipment except for the sole purpose of making repairs or performing maintenance. All such devices must then be replaced and/or made effective before operation is resumed. j. Turn off and lock-out all sources of power before repairs, adjustments or cleaning of equipment or machinery is conducted. k. Keep work areas clean and free from debris, tools and/or materials not necessary for the job. 1. Keep general areas, aisles, and exits clear of tools, equipment and material. Position same in a manner that decreases the possibility of rolling, falling or spilling. m. Use proper techniques for lifting and carrying of material. n. Obey all smoking regulations and refrain from smoking where flammable materials are stored or are in use. o. Operate machinery and equipment in an approved safe manner so as not to endanger persons or property. p. Obey all motor vehicle laws. q. Apply SAFETY above EXPEDIENCY in all situations. r. Employees may not consume alcohol or drugs while on duty and/or may not report to work after having consumed alcohol or drugs. 44 S. Comply with all department safe work rules, procedures and supervisors instructions. B. Personal Protective Equipment -The following personal protective equipment must be worn when the hazards described below exist: 1. Hard hats to protect the head from falling objects, head bumping situations, or electrical conductors. 2. Goggles, face shields, or safety glasses to guard against flying debris, welding sparks and blood borne pathogens. 3. Ear plugs or ear muffs to guard against prolonged exposure to noise exceeding sound tolerance levels as defined by law or excessive noise exposures. 4. Respirators, gas masks or self-contained breathing apparatus, as appropriate, to protect employees against toxic or abnormal atmospheric conditions. 5. Safety shoes to protect feet against the crushing effect of dropped articles. 6. Reflective vests or bright articles to increase personnel or workers visibility while working in or around traffic lanes. 7. Protective clothing, such as gloves, sleeves, aprons, leggings and full suits to protect against lacerations, abrasions, bumps, heat, melted metals, spilled chemicals, poison ivy/oak, blood borne pathogens, etc. 8. Any personal protective equipment when its use has been ordered by a supervisor and/or it is a component of the correct and safe way to perform a job. When the use of personal protective equipment has been specified for hazardous work, its use is mandatory. Supervisors are held accountable for insuring that employees do not work without use of appropriate personal protective equipment. Individual employees are accountable for their own personal compliance. 6.04 Workplace Violence Prevention Policy The Village is strongly committed to providing a workplace that promotes the health, safety, and productivity of its employees. We expect employees to treat each other, and those with whom they conduct business, with courtesy, professionalism, and respect. The Village strictly prohibits violence, threats of violence, and other conduct that jeopardizes or harms the safety of employees and others in the workplace and during work-related activities(including events sponsored by the Village). This policy defines prohibited conduct and provides instructions for reporting responsibilities should concerns for safety arise. When This Policy Applies 45 This policy applies to everyone involved in Village operations, including all employees,temporary workers, and independent contractors, and anyone else on Village property. This policy applies to behavior occurring on Village premises and off-site during Village related events and activities. In addition, this policy applies to conduct occurring off-site and off-duty, if that conduct generates a reasonable concern for on-site safety or the safety of employees during work-related activities. Prohibited Conduct This policy prohibits violence, threats of violence, and any other behavior that raises a reasonable concern for safety from violence. "Violence"refers to any intentional or reckless act that harms people or property. "Threat'refers to any verbal or physical conduct that conveys an intent to cause physical harm or to place someone in fear of physical harm. Prohibited behavior includes, but is not limited to: • Engaging in any act of violence towards a person or property • Participating in, or encouraging, a fight • Making a direct, indirect, or conditional threat of harm • Engaging in any conduct, including aggression, intimidation, harassment, "bullying," epithets, belligerence, gestures and disruptive or erratic behavior,that has the purpose or effect of generating a reasonable concern for physical safety • Engaging in stalking or aggressive pursuit • Damaging or destroying company property or equipment, or threatening such harm • Expressing significant grudges against other employees • Using any instrument to injure, threaten, or intimidate • Except for law enforcement officers or officers of the court authorized to carry a concealed handgun or other weapon on governmental property or in the course of their employment pursuant to Local, State and Federal law • Employees are prohibited from: o Carrying a concealed handgun or any weapon or explosive into or on any premises owned or leased by the Village, including all facilities and the parking lots surrounding them. o Handling or carrying a handgun or other weapon or explosives at anytime while at work or while in the course of their employment; o Carrying,transporting or storing a handgun or other weapon or explosives in a Village vehicle at anytime;and from carrying,transporting or storing a handgun other weapon or explosives in any vehicle while it is on property owned or leased by the Village unless it is locked in the trunk of a personal vehicle. 46 o Using Village resources to engage in threats or violence towards anyone In the interest of protecting safety, the Village reserves the right to address any behavior in addition to that described above, whenever the behavior generates a reasonable concern for the safety or well-being of employees or others on-site or during Village related events or activities. This policy supplements other Village policies that require appropriate and respectful behavior. Intimate Partner Violence The Village recognizes that some employees will experience violence in their personal lives at the hands of a current or former spouse, party to a civil union, pursuant to Illinois Religious Freedom &Civil Union Act, 750 ILCS 75/10, boyfriend/girlfriend, family member, or friend. The Village strongly encourages employees experiencing abuse in their personal relationships to approach the company's Employee Assistance Program for referrals to community or other outside resources that can provide assistance. In addition, the Village requires employees to inform the company of circumstances tied to intimate partner violence that can impact on-the-job safety. In particular: • Employees who have obtained a stay-away, protective, or restraining order that identifies the workplace as a protected area must provide a copy of that order to Human Resources. • Employees who experience threatening or violent behavior by an abuser on Village property, or who believe the abuser could engage in violence on-site, must report that behavior(see "Where to Report"). In discussing intimate partner abuse, the Village works diligently to respect privacy while taking steps needed to ensure workplace safety. Reporting Responsibilities All employees, temporary workers, and independent contractors must remain alert to and immediately report behavior described by this policy to the persons listed below (see"Where to Report"). Required reporting includes but is not limited to behavior described above: (i) that you experience, witness, or otherwise become aware of, (ii) whether that behavior affects you or others; (iii) regardless of the perpetrator's relationship to the Village or its employees; and(iv) even if the behavior occurs off-site, if there is reason to believe that the behavior could affect on-the-job safety. In addition, you must report any conduct that indicates a person might intentionally harm him or herself in the workplace. Where to Report Reports under this policy should be made to Human Resources. Upon learning of an incident, Human Resources will ensure the notification of the Village Manager. The Village Manager shall determine the need for any further notifications (Department Director, Chief of Police, etc.). 47 Emergencies and immediate threats of harm must be immediately reported to the police department. How We Will Respond The Village will treat all reports made under this policy with the utmost sensitivity and discretion. We will investigate reports and take all necessary and appropriate action to address and resolve them. Violations of this policy may lead, at the sole discretion of the Village, to disciplinary and/or other appropriate responsive action, up to and including termination of employment or termination of the services of a consultant, vendor or contractor and/or their associated firm. In addition, where appropriate, the Village reserves the right to report such violations to appropriate law enforcement authorities and/or notify agencies offering medical or psychological services or assistance or other professional personnel or other legal action as may be appropriate. Our Commitment to Non-Retaliation The Village adheres to a strict policy of non-retaliation and prohibits retaliation against anyone who makes a report under this policy or who participates in, cooperates with, or contributes to efforts to investigate and resolve such reports. Any employee who believes that he or she is being penalized as a consequence of making a report under this policy, or for participating in, cooperating with, or contributing to efforts to investigate or resolve a report, should immediately contact Human Resources. 6.05 Work-Related Injuries A. Reports of Inm* : 1. Immediate Report of Injury: - Employees who are injured while on duty for the Village must make an immediate report on a form designated by the Village of such injury to their immediate superior. Every injury, including all those not requiring medical attention, must be reported to the Department Director within eight (8)hours of an accident and no later than the first morning of a work day following such injury. 2. Treatment by Physician: - If the employee is injured to such an extent that he or she requires medical attention, he or she shall go immediately to a treatment facility designated by the Village for treatment. 3. Notification of Department Director: - Department Director shall be responsible for notifying the Village Manager or designee of all injuries reported by employees under their supervision and shall make certain that the proper written reports are prepared and forwarded to the Village Manager or designee for record purposes and follow up. B. Work-Related Injuries: Medical Treatment Procedure and Worker's Compensation Benefits: 48 1. General Provision- Employees who incur bona fide occupational illnesses or injuries are entitled to all necessary medical and hospital care. Additionally, employees who are medically approved to be absent from work by the Village's authorized physician(s) may be eligible to receive certain disability benefits in accordance with the Illinois Worker's Compensation Statute and certain other related laws. 2. For non-life threatening injuries employees should go to the Village's occupational clinic, which may change from time to time. These clinics are typically open from 7 AM to 7 PM, Monday through Friday. Employees must identify themselves as Village of Oak Brook employees. Once treated, employees will receive a work duty status report which must be given to their supervisor, as soon as possible. 3. The following is the standard operating guidelines for all on the job injuries sustained by Village employees and should be followed any time that a Village employee is injured during the course of performing their job duties. For life threatening juries call 911 and advise them as to the emergency and location(if calling from inside the Village, dial 9 911). While "life threatening"is difficult to define and often left to the patient's discretion, cardiac and respiratory symptoms are almost always considered life threatening as well as severe abdominal and head pain. After the employee is released from the hospital they must follow up at the occupational clinic for continuing treatment and care. For injuries that occur after hours(after 7 PM and before 7 AM Monday thru Friday and anytime on Saturday and Sunday or a Holiday), employees should go to the closest hospital for treatment, Hinsdale Hospital located at 120 North Oak Street, Hinsdale, IL,Good Samaritan Hospital located at 3815 Highland Avenue,Downers Grove, IL or Elmhurst Memorial Hospital located at 155 East Brush Hill Road, Elmhurst, IL. Employees are required to go to the Village's occupational clinic for follow-up, as soon as possible, after release from the hospital. All injuries must be brought the attention of the employee's immediate supervisor as soon as possible or at least by end of the injured employee's work day. A Supervisors Report and Form 45 must be completed by the supervisor with detailed answers to all questions on the form. Witnesses must be listed on the Supervisors report and they should be asked to write up a summary of the events that took place. The employee involved must supply a written narrative of the events leading up to and surrounding the injury/illness. Pictures of where the injury occurred must be taken as soon as possible after the incident. Both forms should be initialed by the Department Director, if possible, and sent to the Human Resources Cieflefalist Director_ within 48 hours of the injury/incident to be faxed to IRMA (Intergovernmental Risk Management Agency). A duty status report must be completed and returned to the injured employee's immediate supervisor each time an employee has a follow up appointment and the employee should check in with his/her immediate supervisor at least once per week. 49 The duty status report must include restrictions(if any) and next appointment date. As of January 1,2010,all workers compensation time off will be considered FMLA. Questions with regards to on the job injury should be directed to your immediate supervisor, your Department Director or the Human Resourcesenei Director. 4. Worker's Compensation Benefits a. If, after the initial treatment or examination at the medical clinic, the injured employee is authorized to be absent from work and/or will require additional treatment or medical care, he/she may be eligible for certain disability benefits under the Illinois Worker's Compensation Act. This will depend on the length of the authorized absence from work and the nature of his or her employment with the Village. b. Bills for any follow-up medical/hospital expense incurred by an employee from his or her personal physician and/or hospital facility for treatment of an on-the-job injury must be forwarded to the Human Resources Generalist-Director with an appropriate medical report explaining the charges before they can be processed for payment or the employee can be reimbursed. C. Each employee shall keep the Village informed of his or her current medical condition when they choose to be treated by their personal physician or hospital rather than the Village's designated medical provider or facilities. Duty Status Forms must be completed by the employees own Doctor and can be obtained from the Human Resources oast Director or online. d. Worker's Compensation benefits may be postponed, withheld or suspended, should the employee fail or refuse to submit detailed medical reports or other information from his or her personal physician(s) or hospital to the Village or refuse or fail to show up for a medical examination by the municipality's appointed medical doctor. e. Employees who sustain on-the-job injuries or illness, in most occasions, may not receive Worker's Compensation disability benefits without being first certified as disabled by the Village's authorized physician(s). f. In accordance with the Illinois Worker's Compensation laws and applicable rules of the Illinois Industrial Commission, any employee absent from work as a result of an alleged on-the-job injury which has not been certified by the Village's authorized physician, will be either on his or her own accumulated sick time, if available, or will be off the payroll. g. Should there arise a difference of opinion between the Village's authorized physician and the employee's personal physician regarding the employee's length of disability, the Village, in most cases, will rely on the 50 medical opinion of its authorized physician, and the medical differences, if any, may be resolved before the Illinois Industrial Commission. 5. Return to Work Guidelines a. Restricted duty assignments may be temporarily provided for an injured employee if (1) An authorized physician has released the employee to return to work with physical restrictions on the duties the employee can perform; and (2) If the duties that the employee is physically able to perform while rehabilitating are duties and work normally performed by the Village; or (3) An IRMA Return to Work Duty Status Form has been completed by the treating physician. b. Restricted duty for employees has been established within a three(3) consecutive month time period, except where the nature of the injury necessarily requires extending the time with authorized physician approval. C. An employee who is deemed able by the authorized physician to return to restricted duty may be permitted to use available sick leave should their physician restrict the employee from returning to work. d. The Department Director will determine restricted duty tasks for each specific employee. The following guidelines should be addressed: (1) A duty or position will not be created for an employee; (2) The duty or position should be meaningful work that contributes to the mission of the Village; (3) No employee will be moved from his regular job to allow an injured employee to participate in the restricted duty program; (4) An employee should be placed in a position consistent with his or her physical restrictions; (5) Restricted duty work should be compensated at the current pay rate of the injured employee. e. The appropriate Department Director will monitor the progress of the injured employee on a weekly basis. The factors to be monitored include: (1) Completion of assigned task; (2) Medical progress; (3) Injured employee has continued physician visits or therapy treatments, as necessary. 51 f. Restricted Duty—The purpose of the restricted duty program is to progressively move an injured worker from restricted duty status to full working capacity. It is not a permanent accommodation of a disability. Restricted duty is not usually appropriate when an employee has no reasonable expectation of returning to regular duty within 90 days. Restricted duty work assignments will be aggressively pursued in accordance with the following procedures: 1. An employee may be required, or may agree, to work in an available restricted duty assignment, whether the injury was sustained on duty or off duty. The number of restricted duty assignments available may be limited. Therefore, on-duty injuries have priority over off-duty injuries in the placement of duty assignments. 2. Department Directors are required to aggressively seek restricted work duties meeting the injured employee's medical work restrictions. Each Department Director shall establish a sample restricted return-to-work task listing for individuals with temporary physical limitations. The restricted duty assignments should be detailed listing all physical requirements, particularly lifting and mobility requirements. Whenever possible, employees that have work-related temporary physical limitations will be assigned to these restricted duty assignments. 3. Employees shall serve in restricted duty assignment for as long as they can perform productive work and are expected to return to full duty when at maximum medical improvement or released by a physician approved by the Village. Employees may be removed from limited duty assignments if appropriate work is not available, or if the employee cannot satisfactorily perform the work assigned. 4. No full-time employee shall be moved from his/her regular job in order to make an early-return-to-work assignment available to another employee. 5. An employee may be required to attend training sessions, staff meetings, seminars, or continuing education programs as deemed necessary by the Department Director and the Village Manager as part of a restricted return to work assignment. 6. The nature of the injury and the skills of the employee and the needs of the department will determine what assignments are made. (EXAMPLE: An administrative or clerical employee with a broken arm may be able to perform restricted work that a maintenance worker with the same type of injury is unable to do.) 52 7. The Village may arrange for a physician's evaluation of the employee at any time during a restricted-return-to-work assignment. This should be coordinated with the IRMA claims representative if it is a workers'compensation claim. The Village may at any time, based upon its physician's recommendation, modify the employee's restricted duty assignment or remove the employee from restricted duty. 8. If the injured employee refuses a restricted duty assignment consistent with physician approved restrictions for a workers' compensation claim, because their personal physician does not approve the restricted duty, Temporary Total Disability (TTD) payments may be terminated and employee may be required to use available sick time. 9. Payment for reasonable and necessary medical treatments related to work injuries will not be discontinued based solely on failure to report to a restricted duty assignment. The employee has the right and may appeal discontinuance of TTD payments to the Illinois Industrial Commission. 10. Employees on restricted duty shall be advised that they are not permitted, under any circumstances, to perform any work that violates their return to work restrictions. 11. Employees on restricted duty shall be evaluated on a weekly basis by their Department Director according to the following criteria: a. Ability to perform the restricted duty assignment. b. Compliance with work restrictions, c. Need for modification of restricted duty. 12. Employees who are required to have therapy as part of their ongoing treatment while on restricted duty must schedule said therapy with the least disruption to the department work duties. This may require therapy to be scheduled first thing in the morning or at the end of the workday. Employee may be required to produce time in and out documentation from the therapy site. C. Return to Full Duty The ultimate goal of a return-to-work policy is to facilitate the return to previous full duty work assignment. The designated IRMA medical management facility should be provided with a job description which provides a detailed description including the physical tasks required of the employee and the physical demands necessary to complete the essential job functions. 53 6.06 Benefits and Leave For Injury Or Sickness Incurred In Line Of Duty (Worker's Compensation) (Police and Fire sworn personnel are excluded from the provisions of Section 6.06, as they are subject to the provisions of Chapters 5 and 40 of the Illinois Compiled Statutes) A. Regular Pay for one Month- An employee who is injured while on duty arising out of and in the course of employment and entitled under State law to Worker's Compensation, will continue to receive his or her regular monthly salary rate for a maximum of one(1) month relating to a single injury, counted either consecutively or non-consecutively. B. Option to Use Available Leave Time- If, because of this injury, an employee is unable to return to work at the expiration of the one(1) month period, the employee will be entitled to receive the State benefit pursuant to the Illinois Worker's Compensation Act 820 ILCS 305/1 et seq.. During the period covered by Worker's Compensation, the employee may use available leave time to supplement Worker's Compensation benefits up to 100%of salary. Sick leave shall be used first and then vacation leave. C. Worker's Compensation Payments - At the expiration of both the one-month period and any use of available leave time, the employee will receive compensation in accordance with State laws pertaining to worker's compensation and the applicable pension act. D. Worker's Compensation Paid to Village - Any payments received by the employee from Worker's Compensation insurance shall be paid to the Village as a partial offset against the Village's payment of salary during the injury or sickness period up to a maximum of one (1)month. 6.07 Workplace Security and Inspections To safeguard the property of employees, visitors, and the Village, and to help prevent the possession, sale, and use of illegal drugs on the Village's premises, in keeping with the spirit and intent of the Village's drug-free workplace policy, the Village reserves the right to question employees and all other persons entering and leaving our premises, and to inspect any packages, parcels, purses, handbags, briefcases, lunchboxes, or any other possessions or articles carried to and from the Village's property. In addition, the Village reserves the right to search any employee's office, desk, files, locker, or any other area or article on Village premises. In this connection, it should be noted that all offices, desks, files, lockers, and so forth, are the property of the Village and are issued for the use of employees only during their employment with the Village. Inspections may be conducted at any time at the discretion of the Village. Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy will not be permitted to enter the premises. Employees working on or entering or leaving the premises who refuse to cooperate in an inspection, as well as employees who after the inspection are believed to be in possession of stolen property or illegal drugs, may be disciplined up to and including termination of employment. 54 ARTICLE 7 - GENERAL POLICIES 7.01 Attendance Consistent attendance and punctuality contribute to the success of the Village's business operations. Attendance problems disrupt operations, lower productivity and create a burden for other employees. All employees ofthe Village are expected to assume responsibility for their attendance and promptness. Poor attendance and/or punctuality will be reflected in an employee's performance review,and is subject to disciplinary action. Rules Concerning Attendance • Inform the Village in advance when possible. When an employee knows in advance that he or she cannot avoid absence from work, the employee must request arrangements in advance with the Director for such absence. • Contact the Village on the first day of the absence. If it is not feasible for an employee to make arrangements in advance for an absence, the employee is then required to contact his/her supervisor on the first day of the absence within one hour of normal starting time. In the event the employee cannot personally contact the supervisor,the employee should leave the supervisor a voicemail where the employee can be contacted. • The employee should be prepared to explain the reason for the absence and give an expected date of return to work. Keep the Village informed. Employees must personally contact the Village on a daily basis during all absences, except those arranged in advance with the Village. • Furnish the Village reason for absence. The employee must furnish the Village the reason for absence from work, in all instances. • The Village may require that additional documentation be furnished. • In instances of absence due to employee's health, the Village reserves the right to require the employee to obtain a doctor's report explaining the condition and the doctor's restriction that the employee not work. Ordinarily any absence due to illness over three consecutive days requires a report from the attending doctor. Where deemed appropriate, the Village may delay its decision as to the employee's physical fitness to return to work until a doctor's report is submitted to the Village. • Three consecutive days of absence without notice to the Village constitutes job abandonment and results in termination of an employee as a voluntary separation. 7.02 Anti-Harassment and Retaliation Policy A. Statement of Policy - The Village (hereinafter referred to as "the Village") is committed to maintaining a work environment that encourages and fosters appropriate conduct among employees and respect for individual values and sensibilities. In keeping with this commitment,the Village will not tolerate harassment of Village employees by anyone, including any supervisor, co-worker, vendor, member of the public, contractor,or other regular visitor of the Village. 55 Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's race, color, religion, sex, national origin, citizenship status, ancestry, age, marital status, sexual orientation, mental or physical disability, arrest record,military or veteran status,unfavorable discharge from military service, genetic information or any other characteristic or status protected by law. The Village will not tolerate harassing conduct that affects tangible job benefits, interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile or offensive working environment. The conduct forbidden by this policy specifically includes, but is not limited to: (a) epithets, slurs, negative stereotypes or intimidating acts that are based on a person's protected status;and(b)written or graphic material circulated within or posted within the workplace that shows hostility toward a person because of protected status. As an example, sexual harassment, according to the Equal Employment Opportunity Commission and the Illinois Department of Human Rights, and for purposes of this Policy, consists of unwelcome sexual advances, requests for sexual favors,other verbal, non-verbal, or physical acts of a sexual or sex-based nature,where 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or 2. an employment decision affecting an employee is based on that individual's acceptance or rejection of such conduct; or 3. such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment can occur between men and women, or members of the same gender. This behavior is unacceptable in the workplace itself and in other work-related settings such as business trips and business-related social events. It is a violation of this policy to retaliate in any way against anyone who has complained about harassment or discrimination, assisted in filing a complaint, or participated in the investigation of a complaint, whether that concern relates to harassment of or discrimination against the individual raising the concern or against another individual. B. Prohibited Conduct - Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressure for sexual activity or contact to physical contact. At times the offender may be unaware that his or her conduct is offensive or harassing to others. One example of sexual harassment is where a qualified individual is denied employment opportunities and benefits that are, instead, awarded to an individual who submits (voluntarily or under coercion) to sexual advances or sexual favors. Another example is where an individual must submit to unwelcome sexual conduct in order to receive an employment opportunity. Other examples of conduct which could be considered sexual harassment include: 1. persistent or repeated unwelcome flirting, pressure for dates, sexual propositions, sexual comments or touching; 56 2. sexually suggestive jokes, innuendoes, comments, gestures or sounds (e.g., whistling, "catcalls", "smooching" or "kissing" noises) directed toward another, or sexually oriented or degrading comments about another; humor and jokes about sex, anatomy or gender-specific traits; obscene gestures; leering; 3. preferential treatment of an employee, or a promise of preferential treatment to an employee, in exchange for dates or sexual conduct; or the denial or threat of denial of employment, benefits or advancement for refusal to consent to sexual advances; 4. the open display of sexually oriented pictures, posters, slogans or other material offensive to others; 5. retaliation against an individual for reporting or complaining about sexually harassing conduct; 6. unwelcome hugging or kissing, pinching, brushing the body, unwelcome sexual intercourse or actual assault. The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends to some extent on individual perception and interpretation. An example of the most subtle form of sexual harassment is the use of endearments. The use of terms such as "honey", "darling" and "sweetheart" is objectionable to many men and women who believe that these terms undermine their authority. Another example is the use of a compliment that could potentially be interpreted as sexual in nature. Below are three statements that might be made about the appearance of a woman in the workplace. • "That's an attractive dress you have on." • "That's an attractive dress. It really looks good on you." • "That's an attractive dress. You really fill it out well." The first statement appears to be simply a compliment. The last is the most likely to be perceived as sexual harassment, depending on the individual's perceptions and values. To avoid the possibility of offending an employee, it is best to follow a course of conduct above reproach, or to err on the side of caution. E. Complaint Process- Keep in mind that an employee may complain about harassment if the employee is subjected to consensual behavior between two or more other employees. All Village employees are responsible to help assure that the Village avoids harassment. While the Village encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the Village also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. In the event that such informal, direct 57 communication between individuals is either ineffective or impossible, or even when such communication has occurred,the following steps should be taken to report a harassment complaint. 1. An employee (the "Complainant") who either observes or believes herself/himself to be the object of harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the Complainant's supervisor. If reporting to the Complainant's supervisor should prove uncomfortable for any reason, or if the offender is the Complainant's supervisor, the Complainant should directly contact any supervisor in the Village. It is not necessary for harassment to be directed at the person making the complaint. The following steps may also be taken: document or record each incident (what was said or done, the date,the time, and the place). Documentation can be strengthened by written records, such as letters,notes, memos, and telephone messages. All such documentation, once prepared, shall be immediately transmitted to the supervisor. No one making a complaint will be retaliated against for making the complaint, even though it may ultimately not be substantiated. In addition, any witness will be protected from retaliation. 2. Investigation of Complaint - The Village Manager or his/her designee will promptly initiate an investigation of the suspected harassment. 3. Confidentiality- Every effort shall be made to keep all matters related to the investigation and various reports confidential to the extent practicable. 4. Time Frame for Reporting Complaint - The Village encourages a prompt report of complaints so that rapid response and appropriate action may be taken. However, due to the sensitivity of these problems and because of the emotional toll such misconduct may have on the individual, harassment complaints should be reported within thirty(30) days after the complained-of conduct. Delayed reporting of complaints will not in and of itself preclude the Village from taking remedial action. 5. Protection Against Retaliation- The Village will not in any way retaliate against an individual who makes a report of harassment, assists in filing a complaint, or participates in the investigation of a complaint, nor permit any officer or employee to do so. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting harassment will be subject to the same disciplinary action up to and including termination. F. Corrective Action/Sanctions - Corrective action including discipline up to and including termination will be taken against any employee found to have engaged in harassment of any other employee. The extent of sanctions may depend in part upon the length and condition of employment of the particular employee and the nature of the offense. The 58 Village has the right to apply any sanction or combination of sanctions, up to and including termination. Where harassment has been found to exist, the Village will take all reasonable steps to eliminate the conduct. 7.03 Breastfeeding Workplace Policy General Provisions: The Village encourages employees and management to have a positive, accepting attitude toward working women who are pregnant or breastfeeding. The Village promotes and supports breastfeeding and the expression of breast milk by employees who are breastfeeding when they return to work. Discrimination and harassment of pregnant or breastfeeding mothers in any form is unacceptable and will not be tolerated. 1. It shall be the policy of Village to provide: Time to Express Milk or Breastfeed (Lactation Time) Lactation times shall be established for each employee based on her work schedule. If possible, the lactation time is to run concurrently with any break time already provided. Lactation time beyond the regular break time is unpaid and will be negotiated between the employee and their supervisor. Space and Equipment for Expressing Milk or Breastfeeding Employees shall be provided the use of a clean, comfortable space or"Lactation Area." For ideas on use of office space as a lactation area, visit www.wicworks.ca.gov. A toilet shall not serve as the lactation area. The Lactation Area: • is equipped with an electrical outlet • is in close proximity to the employee's work area • contains comfortable seating. Ideally, the Lactation Area will be near: • a sink with hot water and soap for hand washing and cleaning of equipment • a refrigerator for storage of expressed breast milk. 2. Atmosphere of Tolerance Breastfeeding should not constitute a source of discrimination in employment or in access to employment. It is prohibited under this policy to harass a breastfeeding employee; such conduct unreasonably interferes with an employee's work performance and creates an intimidating, hostile or offensive working environment. Any incident of harassment of a breastfeeding employee will be addressed in accordance with the Village policies and procedures for discrimination and harassment. 59 7.04 Americans With Disabilities Act Amendments Act (ADAAA)/Reasonable Accommodations It is the policy of the Village to comply with all the provisions of the Americans with Disabilities Act ("ADA"). The Village will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. The Village will also make reasonable accommodation wherever necessary or possible for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely and effectively perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense. The Village Manager, or a specifically identified designee, shall be responsible for the implementation and enforcement of the Village's ADA compliance program. It will be the responsibility of the Village Manager(or his/her designee) to periodically review the Village policies and communications to ensure compliance with the ADA, meet with supervisors and employees to discuss alternative means for accommodating a disabled employee, and to keep abreast of all developments in the regulations governing the hiring and employing of persons with disabilities. Applicants and employees are assured that all information regarding a disability will be kept confidential except that(1) appropriate supervisory personnel will be informed of any restrictions on work assignments and/or reasonable accommodations that must be provided; (2) safety personnel will be informed of any emergency treatments or first aid that a person with a disability may require; and (3) government officials investigating compliance with federal, state,or local laws may be informed of a person with a disability and any accommodation that is being provided. Any employee who believes that he or she has been discriminated against due to a physical or mental disability should immediately report the problem or incident to his or her supervisor or the Village Manager. All complaints of discrimination due to a disability shall be investigated immediately, and the findings of the investigation and any remedial actions taken shall be reported to the complainant. 7.05 Illegal Drugs and Alcohol/Drug Free Workplace Act The Village has a strong commitment to its employees to provide a safe and healthy work environment. The Village expects all employees to report for work in a condition to perform their duties. The presence of drugs or alcohol on the job and the influence of these substances on employees during working hours are inconsistent with these objectives. The Village's policy with respect to drugs and alcohol is as follows: 1. The illegal use, sale, or possession of narcotics, drugs or controlled substances; including, but not limited to, marijuana, cocaine, PCP, heroin, LSD, amphetamines, and barbiturates while on the job or on the Village's property is a terminable offense. Any illegal substances will be turned over to the appropriate law enforcement agency and may result in criminal 60 prosecution. The possession, distribution or use of alcoholic beverages by any Village employee is prohibited during working hours. Individuals found using alcohol will be subject to disciplinary action up to and including termination. 2. Employees will not be permitted to work while under the influence of drugs or alcohol. Individuals who appear to be unfit for duty will be relieved from duty and may be requested to take a physical examination at a designated medical facility. Refusal to comply with a physical examination or failure to pass the examination may result in disciplinary action, up to and including termination. 3. Off-the-job illegal drug and/or alcohol use which could adversely affect an employee's job performance or which could jeopardize the safety of other employees, the public, or the Village's facilities, or where such usage adversely affects the public trust in the ability of the Village to carry out its responsibilities, is also cause for disciplinary action, up to and including termination. 4. Employees who are arrested for off-the-job drug activity may be considered in violation of this policy. In deciding what action to take,the Village will take into consideration the nature of the charges,the employee's present assignment and record with the Village,and the impact of the employee's arrest on the conduct of the Village's business. 5. Employees are encouraged to request assistance through the Village's Employee Assistance Program in dealing with a personal alcohol or drug-related problem. Their employment will not be jeopardized so long as an approved treatment program is successfully completed, and they continue to observe the Village's policy regarding drugs and alcohol. 6. Employees who wish to report drug and alcohol use in violation of this policy should contact a member of management or the Village Manager. The Village will make every effort to protect anonymity, and such information will be treated in confidence. 7. Employees are required to notify a member of management of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Employees required to hold a Commercial Driver's License(CDL) are subject to the U. S. Department of Transportation CDL Drug &Alcohol Regulations. The Village Policy addressing these regulations is attached as Appendix A. Drug and Alcohol testing policies for represented employees are contained within the respective collective bargaining agreements. Medical Marijuana This policy will be construed in a manner consistent with our rights and obligations under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq., including any applicable interpretative rules that may be adopted pursuant to this Program. Be assured that we respect the rights of our employees who are registered patients with debilitating medical conditions who are engaging in the medical use of marijuana in compliance with the law. However, as with alcohol and prescription drugs, employees may not operate or be in control of a vehicle while using or being under the influence of medical cannabis. Additionally, employees may be disciplined or even discharged for reporting to work under the influence of cannabis. In all cases, an employee who is a registered patient engaged in the medical use of marijuana is subject to all of our normal 61 drug testing requirements, personnel policies and disciplinary penalties for policy violations. Nothing in this policy alters our"zero tolerance" standards for drug use. 7.06 Employee Access To Personnel Records Personnel files are the property of the Village,and access to the information they contain is restricted. Generally, only officials and representatives of the Village who have a legitimate reason to review information in a file are allowed to do so. Within seven (7) working days of receipt of a written request on a form provided by Human Resources, an employee may review material in his or her file up to two times per calendar year,but only in the Village's offices and in the presence of the individual appointed by the Village to maintain the file. Certain records, such as letters of reference, are not available for inspection. Upon written request,the Village will copy personnel documents requested by the employee at their cost(pursuant to the Personnel Records Review Act, 820 ILCS 40/3, unless such fees are waived by the Village Manager). Such request must specifically designate which documents are to be copied. An employee must also provide a written release in order for the Village to release information to outside parties. Requests for references should be directed to the Village Manager. Only the Village Manager has the authority to release information to outside parties. It is the responsibility of each employee to promptly notify the Village Manager or his designee of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents*, marital status*, insurance beneficiary*, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. The Village cannot be held responsible for situations resulting from employees withholding correct and accurate information. *Such information need only be disclosed if pertinent to a benefit received. 7.07 Identification Card Policy The Village is committed to providing a safe, secure and customer-focused workplace. To help achieve this goal, as of April 1, 2010,the Village has established an identification(ID) card system for all employees, independent contractors, elected and appointed officials, volunteers, and visitors, in order to provide a consistent method of identification. These identification cards will also be used to assist with maintaining accurate attendance records as well as providing secure access to Village office spaces. General Provisions: A. Scone: This policy applies to all Village employees, independent contractors, elected and appointed officials, volunteers, visitors, and members of the public, while in Village office space. B. Issuing Process: 62 1. During new employee orientation, an"Identification Card Authorization Form"will be completed by the employee and turned into his/her supervisor for further processing. 2. The new employee's photo is taken. 3. Information on the form is verified by the employee's supervisor, is signed, and sent to Human Resources. 4. The ID card is created and issued to the new employee. 5. Each time a new ID card is needed a new authorization form must be completed. C. Employ: 1. ID cards will be issued by the Village's Human Resources Office and will include a photo of the employee, the employee's name, department, and other appropriate information that will clearly identify the person as an employee of the Village of Oak Brook. 2. All employees are required to display their Village issued identification cards at all times while in a Village facility, unless stated otherwise in this policy or an exception is approved by the ^ssista^* Village Manager or-Village Manager. 3. Employees should display their Village issued ID when hosting or appearing at Village functions or community events. However, employees may use their best judgment in deciding whether to wear their ID's while conducting official business that is not on Village property, if anonymity is a consideration. 4. IDs should only be worn using a breakaway lanyard or a clip-on, with the ID being visible to others at all times. Exception: Public Safety(Police, Fire and Public Works employees) in uniform are not required to display their ID, but their Village ID must be carried with them at all times. Public Safety employees who are not required to wear a uniform must display their employee ID's using the lanyard or clip-on method. 5. Employees must present their ID upon demand. Identification cards must be returned to Human Resources prior to leaving employment with the Village. 6. Lost, misplaced, or stolen IDs are to be reported to the employee's supervisor within an hour. A temporary ID will then be issued by Human Resources. If after three (3) days the ID card is not found, a replacement ID will be required and issued, with a record of the lost, misplaced or stolen ID noted. If an employee should lose a second ID within the normal three(3) year expiration period, a$10 replacement charge per ID will be required for this and any additional replacement IDs. 7. As of April 1, 2010, no unidentified person(someone without an ID) will be permitted within Village office space unless escorted by a Village employee. Any employee observing a person(s) in Village office space without a proper ID will, at their discretion: approach the person to determine their status, or immediately report the person to a supervisor. If the employee is unable to determine status on their own or with the assistance of a supervisor and the employee feels there may be a security threat, a request for emergency services personnel(9-911 from a Village phone) should be made to make a determination of the person's status. 63 D. Visitors: 1. Visitor ID cards are not needed in public access areas, including the hallways, bathrooms and publicly available meeting rooms. Except as noted, all visitors that are not being escorted by a Village employee are required to obtain a"Visitor ID"or"temporary name badge"that must be displayed at all times while at a Village facility. 2. People who are not employees, independent contractors,or volunteers of the Village, but are engaged in work activities (vendors, delivery personnel, etc.) at Village facilities are considered visitors. During normal working hours, 8:30AM— 5:OOPM, Monday through Friday, all visitors that are not escorted by a Village employee, are required to sign in at the front desk or other designated areas. Visitors are required to provide their driver's license, which will be photocopied, logged and held. Upon returning the "Visitor ID" card, the visitor's driver's license will be returned. 3. All visitors must display a Village issued "Visitor ID"regardless of whether they wear other issued identification or not. When in office areas, visitors must be escorted by an employee unless given authorization by the employee they are there to see. If authorization is given, employees in that immediate area should be informed that a visitor will be working (unescorted) for a set amount of time. 4. Staff from other municipalities/cities/villages engaged in training at the Village must wear a temporary visitor name badge issued at the training site prior to the commencement of the training. Please contact Human Resources before scheduling training so sufficient visitor name badges may be ordered. E. Independent Contractors: 1. Independent Contractors will need to complete an Identification Card Authorization Form and be issued ID cards at the beginning of their assignment. All independent contractors are required to wear their assigned ID at all times while at a Village facility. 2. All independent contractors must display an independent contractor issued ID regardless of whether they wear other identification or not. The employee responsible for the independent contractor must inform Village employees in that immediate area that an independent contractor will be working (unescorted) for a set amount of time. 3. Independent Contractors are prohibited from providing their assigned ID card to any person that does not work in Human Resources, including without limitation, other individuals working with the same company or firm as the Independent Contractor, friends, family, and spouses parties to a civil union, pursuant to Illinois Religious Freedom&Civil Union Act, 750 ILCS 75/10. 4. Independent Contractors are prohibited from using their ID cards to provide any person access to Village property, or any part thereof, without prior permission from the Village. 5. The Village reserves the right to conduct a criminal background check on any Independent Contractor requesting or possessing an ID card. The Village may deny a request for an ID 64 card or revoke an ID card if the results of the background check indicate an individual is objectively unfit to have access to Village property, or any part thereof. F. Elected Or Appointed Officials: Elected or Appointed Officials will be issued a Village ID by Human Resources. These Village IDs should be displayed at all times while in the Village office space. G. Volunteers: 1. All volunteers are required to obtain a"Volunteer ID"that must be displayed at all times while at a Village facility or performing duties for the Village. 2. All volunteers must display a Village issued "Volunteer ID"regardless of whether they wear other identification or not. When in employee office areas, volunteers must be escorted by an employee unless given authorization by the employee they are there to see. If authorization is given, employees in that immediate area should be informed that a volunteer will be working (unescorted) for a set amount of time. H. Employee Responsibilities: 1. Employees must wear their issued ID cards while at work or on Village business (unless noted as an exception). 2. ID cards must be worn in plain view, so it is observable under normal conditions. 3. Employee ID cards may not be given to any other person for any reason. 4. Lost, misplaced, or stolen IDs must be reported to the employee's supervisor within one(1) hour. 5. Prior to transferring to a different department, changing security classification, name change, or leaving Village employment, IDs will need to be returned. 6. Upon request, your ID card must be surrendered to your department director or Human Resources.. 7. IDs cannot be altered, and information and photograph obstructed, except as permitted by this policy. L Discipline: It is extremely important that Village employees follow the Identification Card Policy to help maintain a safe, secure and customer-focused workplace. Noncompliance with this policy and/or improper use (using the ID card as a means of securing credit, avoiding illegal acts, or other special considerations) of Village IDs, will result in disciplinary action up to and including termination. 7.08 License, Registration and Certificate Verification A. General Provision- Certain job classifications require incumbents to be licensed, certified, or registered to operate vehicles, pieces of equipment, or perform other job duties. Employees must comply with the licensing requirements set forth in their job descriptions. When employees are unable to show proof of possessing the required 65 license or licenses, they are prohibited from performing those functions which require them to be licensed. 1. Definition- Whenever the terms "license", "licensed", or "licensing" are used in this Section, they shall be interpreted to include all licenses, registration, and/or certificates an employee must possess to perform his or her assigned job duties. 2. Showing Proof- Employees must show proof of possessing a valid driver's license before they can operate a motorized vehicle in the course of conducting Village business, regardless of whether the vehicle is employee or Village-owned. Additionally, employees must show proof of other valid licenses required for their jobs. 3. Procedure- Department Directors will review the license requirements set forth in employees'job descriptions and submit to the Assistant Village Mana of Human Resource Director on or about January 1 of each year a listing of each employee's license number, type, class and expiration date. This information will be sent to the Secretary of State's Office for verification. The A sista,, Village Maftagef Human Resource Director will review the listing and advise the Village Manager of matters requiring his or her attention. 4. Non-Compliance - Employees who are unable to secure and/or maintain the required licenses, shall immediately notify their Department Directors and cease to operate those vehicles and/or pieces of equipment for which they are no longer licensed, registered and/or certified. Disciplinary action up to and including termination may take place as a result of non-compliance. 5. Timely Notification- To be considered timely, employees shall notify their Department Director of their inability to comply with the licensing requirements on their first work day after notification of the suspension, revocation or loss of their license, registration or certificate. CDL holders must advise Department Director of a moving violation/conviction ticket within thirty(30) days of conviction per the Secretary of State. (See Appendix A) 6. Alternative Assignment -Employees who have met the timely notification requirement as described above may be assigned to other existing, available jobs for up to 30 calendar days, which may be extended an additional 60 calendar days at the discretion of the Department Director. To be considered for an alternative assignment, there must be a reasonable expectation that the employee can resume, within 90 calendar days, either all the duties of his or her former job, or those of a different job. However, no employee shall be moved from his or her regular job to make room for someone who is unable to perform the former job for reasons described above. Moreover, priority consideration for alternative assignments goes to employees who are recuperating from on-the-job injuries. 7. Unpaid Leave or Suspension- Employees who are unable to meet the licensing requirements are not guaranteed alternative job assignments. Employees may be placed on unpaid leave or suspension, if alternative job assignments are 66 unavailable or denied. The Village Manager in consultation with the Department Director will approve or deny alternative job assignments. 8. Failure to Notify- Employees who fail to notify the Department Director of their inability to obtain or their loss of their license, registration or certificate through suspension, revocation, or any other reason may be subject to discipline up to and including termination. In determining the appropriate measure of discipline, the Village Manager, in conjunction with the Department Director, will consider all the facts and circumstances of each case. B. Vehicle Use I. General Provision- If an employee who uses his or her own vehicle for Village business purposes has an accident,the employee's personal auto coverage for the vehicle pays for any injuries and/or damages for which the driver is liable. To avoid risking higher insurance costs and personal liability, employees shall use Village vehicles for Village business purposes, when one is reasonably available. 2. Excess Coverage - Subject to the requirements stated below, the Intergovernmental Risk Management Agency(IRMA)provides excess automobile liability coverage for employees who drive their personal vehicles for pre- approved Village business purposes. a. Criteria for excess coverage - The employee must carry primary auto liability coverage with the following insurance levels: ■ $100,000 bodily injury per person ■ $300,000 bodily injury per occurrence ■ $100,000 property damage or $300,000 combined single limit b. Employee's coverage is primarX- The employee's personal insurance is primary. IRMA's excess coverage applies only to liability in excess of any other collectable insurance. C. Effective period- This section is in effect for as long as there is excess automobile coverage through IRMA. 7.09 Smoking Policy The Village is committed to protecting the safety and welfare of its employees and visitors. No smoking of any kind will be permitted on Village property OR within 15 feet of any entrance, exit, window, ventilation intake, office or work area, restroom, conference or classroom,break room or cafeteria and/or other common area. Any employee who fails to comply with this policy will be subject to disciplinary action, including written warnings, suspension, and possible termination for continued violations. 67 This policy applies equally to all employees and visitors. Supervisors and managers are generally responsible for reporting no-smoking violations and enforcing the no-smoking rule. We encourage you to report violations of the smoke-free facility policy to a supervisor/manager. 7.10 Personal Use of Village Telephones Making and receiving personal telephone calls is not prohibited. However, employees are to limit the amount of time spent making and receiving personal telephone calls. The employee is responsible for reimbursing the Village for any personal long-distance and toll telephone calls or cellular calls made from a Village phone. Excessive personal calling or non-payment of personal telephone charges may subject the employee to disciplinary action. 7.11 Cell Phone Use and Text Messaging While Driving Purpose To establish a policy prohibiting employees from using a cell phone, unless it is hands-free according to state law, or any other mobile electronic communications device while operating a motor vehicle. This policy applies to; (1)the operation of Village-provided vehicles at any time; and (2)the operation of private vehicles while an employee is on work time or conducting Village business. General Provisions 1. Prohibited activities unless performed with an approved hands-free device include, without limitation: • Answering or making phone calls • Leaving or retrieving voicemail messages • Reading or responding to emails or text messages • Accessing the Internet 2. These restrictions do not apply to calls made to report an emergency. In all such cases, all cautionary measures should be practiced. 3. In addition to these Village guidelines, employees are expected to abide by all Federal, State and Local laws even if they are more restrictive than this policy. Employees are responsible for knowing and abiding by all applicable traffic laws while driving Village-provided vehicle or driving for Village business. 4. Violation of this policy may subject an employee to disciplinary action up to and including immediate termination. 68 7.12 Cell Phone and Other Wireless Communication Devices Policy Purpose To establish a policy for the management and use of wireless (cellular) telephones for Village employees. Policy 1. The Village recognizes a need for the use of wireless telephones by Village employees in the performance of their duties. The cost of the business use of these phones and other devices is large and needs to be properly managed. In addition, such items are subject to scrutiny by the Internal Revenue Service (IRS) and other auditors who would look for assurance that the costs incurred for cell phone use are only for business use. To support that calls are only for business use the IRS requires that all calls be specifically and properly identified as to their purpose,business or personal.This policy provides guidance on the options departments have in providing such devices and the responsibilities that employees have with regard to the use of cell phones and other wireless communication devices. The Village Manager has the authority to determine which employees require the use of a wireless telephone. 2. Employees have the following options of how they provide for the business use of cell phones and other wireless communication devices. a. Reimbursement for business use of personal cell phone - Option 1. Employees will be allowed to make and receive personal calls on the cellular telephone they use in the course of their work duties. The allowance plan is not designed to cover the full cost of a cellular telephone, but rather to fund the approximate cost of business-use of the personal cellular phone through a monthly stipend. The monthly allowance amount for each individual will be set by the Village Manager and as of the first payroll in April 2013 will be $2.50, $20, $30, or $40 depending upon the amount of Village usage that would normally be expected each month. In addition, most vendor plans include "unlimited"night and weekend minutes. b. Reimbursement for business use of cell phone - Option 2. For those employees who require the use of a cellular telephone as designated by the Village Manager,they will receive a monthly allowance in their paycheck to offset the expense of a personal cellular telephone. The cellular telephone they use will be their personal property, billed to their home address, and the employee will be responsible for the monthly bill. Employees will then be responsible for tracking and reporting costs associated with business calls. In this case the employee must keep a detailed log of all calls made throughout the month and submit the report to the Purchasing Division within 30 days of bill issuance. The employee will then be reimbursed for all costs associated with business related calls approved by the Village Manager. c. Village provided cell phones and other communication devices - Option 3. For those employees who do not have a personal cellular telephone, but for whom a legitimate need exists, current general use phones will remain. Assignments of these 69 phones are subject to approval by the Village Manager. In addition, monthly phone records will be managed by the Departments and then forwarded to the Purchasing Division for approval. 3. Listed below are four categories, one of which will be applicable to any Village employee who is deemed to require the use of a cellular telephone and that telephone will not be supplied by the Village. A. Tier One- Text Message The allowance for this tier will be $2.50 per month for text messaging capabilities. This tier is for employees who were previously issued a pager rather than a cellular telephone as a means for others to contact them in an emergency or in an on-call situation. B. Tier Two—Limited Usage The allowance for this tier will be established at $20 per month. Employees in this tier are considered to have limited usage of a cellular telephone in that the cellular phone is used primarily to contact the employee when out of the office, in an on-call situation, in an emergency, or attending to Village business at locations other than their primary place of work. C. Tier Three—Medium Usage The allowance for this tier will be $30 per month. Employees in this tier generally would spend a great deal of work time out of the office and in the "field", and do not have easy access to a telephone in order to remain in contact with their place of business or with the residents and businesses they serve. D. Tier Four—Extensive Usage The allowance for this tier will be$40 per month. Employees in this tier by the nature of their position require extensive use of cellular/data communications in the course of their duties. These employees are required to use a particular cellular/data and/or specific equipment to perform their duties. 4. The Village provides a biweekly communications service plan allowance for the operation of a communication device. To arrive at the biweekly amount,the Village analyzes the monthly sum to compile an annual total; the total is then divided by 26. The supplement is provided to the employee for as long as the Village Manager determines that the employee qualifies under this policy. Example: 12 month appointment $40 monthly service allowance x12 Months $480 Annual total 26 divided by pay periods which amounts to $18.46 per pay period. 70 5. If the Department Director has determined that a particular employee should be assigned a Village-owned cellular telephone, or if a Division "sign-in, sign out" phone is required, the following procedure is to be used: A. The purchase/lease of a cellular telephone, its accessories and batteries and associated service, must be made through the Purchasing Division. All Purchase Requests for telephones, accessories, and batteries must be approved by the Village Manager. The Purchasing Division can assist in determining the types of phones and services available. B. Only the lowest cost telephone commensurate with the type of service required will be purchased. Exceptions must be specifically approved by the Village Manager. C. A Wireless Telephone Authorization Form must be completed, signed by the Department Director, and approved by the Village Manager at the beginning of every fiscal year. The Form will then be provided to the Purchasing Division to complete the purchase. D. Personal calls are not permitted on Village-owned cellular telephones and users must reimburse the Village for any calls made and/or data services used. The Purchasing Division will send out monthly usage reports to employees who have a Village-owned cellular telephone for personal calls and/or data service usage reimbursement. E. Requests for replacement phones, accessories, and batteries do not require Purchasing Division approval. F. Monthly bills for service must be reviewed by the Department Director and all non- business charges noted and forwarded to the Purchasing Division for payment. All non- business charges must be paid by employees to the Village within 30 days of bill issuance. Copies of the receipt showing payment of non-business calls should accompany the bills (if time permits without causing late charges) or be sent to the Purchasing Division. G. It is the Department's responsibility to ensure that each cellular telephone has the proper rate plan applied to the telephone. The Purchasing Division will assist in determining and locating the proper plan. H. If the telephone is assigned as a "Sign-in Sign-out" device, a daily log must be kept by the Department noting which employee is using the telephone. This log must be updated each working day. 6. Certain telephones or cellular plans may be required of an employee due to work circumstances. If necessary, the reimbursement expense may be adjusted upwards to cover an increased expense and must accompany required documentation under option 2. 7. Telephones and accessories for cellular service will be purchased by and will remain the property of the employee under option 1 and option 2. 8. In order to qualify for the cellular telephone allowance, A Wireless Telephone Allowance Authorization Form must be initiated by the employee at the beginning of every fiscal year. 71 A completed form, signed by the Department Director, and approved by the Village Manager is then forwarded to Human Resources for processing. 9. The monthly allowance will continue until such time as the Department initiates an action to discontinue the allowance or the employee's employment with the Village ends. 10. Employees who are given an allowance to support their cellular telephone can request reimbursement for expenses that exceed their monthly bill, if Village business exceeds the "anytime" minute allowance. However, since the allowance is designed to cover just a significant portion of a usual cellular plan, only if Village minutes exceed that threshold will reimbursement be approved. For reimbursement,the employee should submit documentation to the Purchasing Division along with copies of their cellular telephone bill and the business calls so noted.After review by the Purchasing Division,the documentation will be forwarded to Finance for payment. 11. All bills for Village-owned cellular telephones are subject to review by the Village Manager. This policy is subject to change and cancellation at any time per the Village Manager. 12. Exceptions to this policy may be granted when, for security purposes, it is necessary that the Village purchase a telephone and a cellular usage plan for an employee to perform certain duties and for general use. 7.13 General Appearance and Dress Code A. Attire- Employees shall be neat and respectable in their appearance except where emergency work makes this impossible. In general, employees shall dress in a manner appropriate for the work being performed using the following as a guideline: 1. It is management's intent that work attire should compliment an environment that reflects an efficient, orderly, and professionally operated organization. This policy is intended to define appropriate"business attire" during normal business operations and "casual business attire" on Fridays. The Village recognizes the growing popularity of casual business dress and the positive effects of this shift to boost employee morale, improve quality, encourage more open communication and increased productivity, therefore, creating a more comfortable work environment. Therefore, casual business attire will be permitted on Fridays. The Village reserves the right to continue, extend, revise or revoke this policy at its discretion. Enforcement of this guideline is the responsibility of supervisory personnel. 2. Appropriate business attire for men a. Dress slacks, including khakis b. Dress shirts— long or short sleeved c. Polo shirts d. Dress shoes e. Suits, sports jackets, and ties as appropriate for business meetings 3. Appropriate business attire for women 72 a. Dresses or skirts b. Dress slacks c. Blouses d. Dress shoes e. Suits as appropriate for business meetings 4. Unacceptable Attire for All Employees a. Shorts b. T-Shirts c. Casual or athletic Tank tops B. Enforcement—Department Directors and supervisors are responsible for monitoring and enforcing this policy. The policy will be administered according to the following action steps: 1. If questionable attire is worn in the office, the respective department supervisor/director will hold a personal, private discussion with the employee to advise and counsel the employee regarding the inappropriateness of attire. 2. If an obvious policy violation occurs, the department supervisor/director will hold a private discussion with the employee and ask the employee to go home and change his/her attire immediately. 3. Repeated policy violations will result in disciplinary action, up to and including termination. 7.14 Outside Employment A. Outside Employment - Outside employment of any full-time Village employee should be kept to a minimum, and is'subject to prior approval of the Village Manager. No outside employment shall be permitted if- 1. f1. It physically or mentally hampers the employee in his or her ability to fulfill the duties of his or her position with the Village; or 2. It would reflect adversely upon the employee or the Village; or 3. It is in conflict in any way with his or her position as a Village employee. Written permission must be obtained prior to accepting or commencing any secondary employment or business venture. Such permission shall be requested each year in writing and include the following information: 1. The name of the employer. 2. The nature of the outside work. 3. The schedule of the outside work. 73 Each Department Director, or the Village Manager, shall reserve the right to prohibit any outside employment on the part of any Village employee which employment, in their judgment, might be detrimental to the best interests of the Village. In such cases, the employee will be given an appropriate notice and opportunity to decide how he/she wishes to resolve the conflict. 7.15 Employees Who Begin Service Before January 1, 2012 In addition to any other categories under which an employee ofthe Village may be classified pursuant to this Manual, there shall be a class of employees who began service with the Village prior to January 1, 2012 (a "Pre-2012 Employee"). To the maximum extent authorized by law, for all Pre- 2012 Employees, it is the policy of the Village not to include as part of such employee's reported earnings for any of the 12-month periods that may be used to determine such employee's final rate of earnings, any of the earnings, adjustments, payments, benefits, or compensation that are provided for or otherwise allowed pursuant to the terms of this 1 Manual for purposes of making accelerated contributions or payments to the Illinois Municipal Retirement Fund in accordance with 40 ILCS 5/7-172(k), including without limitation: a. Increases in vacation time earned as a result of seniority or continued service; b. Increases in authorized accrual of vacation time as a result of seniority or continued service; C. Increases in sick leave time earned as a result of seniority or continued service; d. Increases in authorized accrual of vacation time as a result of seniority or continued service; e. Payments made from selling back to the Village any accrued vacation or sick leave time; f. Changes to insurance benefits that are generally applicable to all Pre-2012 Employees; g. Increases in annual compensation based on seniority or continued service, including "step" increases; h. Adjustments in annual salary based on increases to the Consumers Price Index or another generally accepted index of inflation; i. Merit bonuses; and j. Payments made as reimbursement of amounts paid to an employee for use of a personal vehicle or other equipment or property. The provisions of this Section are intended to be severable in the event that any part of this Section is found not to be enforceable under applicable law. 74 7.16 Employment of Elected and Appointed Officials and their Relatives and Supervisor/Subordinate Relationship A. Policy- This policy applies to all employees and elected officials of the Village. It is the policy of the Village to foster a positive employee relations environment for all employees. In keeping with this philosophy, we also recognize as an organization that many employees encourage family members to work here and personal relationships can and do occur among employees. Because of the size of the Village and its various departments, to avoid the appearance of favoritism and adverse impact on the operations of the Village and its various departments, to maintain objectivity and appropriate expectations regarding performance, and to avoid potential harassment and discrimination claims, this policy describes the Village's expectations regarding the employment of elected and appointed officials and family members and personal relationships between employees. B. Definitions - "Relative" for purposes of this policy is defined as the employee's spouse, party to a civil union, former spouse or party to a civil union, brother, sister, parent, child, step-child, step-parent, father-in-law, mother-in-law, sister in-law, brother-in-law, daughter-in-law, son-in-law, aunt,uncle, niece, nephew, first cousin, and any other member of the employee's household. "Manager" for the purposes of this policy is defined to be the Village Manager, Directors, and Deputy Directors as defined in the Village Pay Plan or as otherwise designated by the Village Manager. (At the current time this includes the Village Manager, Assistant Village Manger, Director of Community Development, Finance Director, Fire Chief, Library Director, Police Chief, Public Works and Engineering Director, Sports Core Director.) "Supervisor" is defined as a person other than a Manager having first line responsibility to actually or effectively recommend the hire, discipline, coaching, termination, and/or evaluation of staff. "Subordinate" is defined as an employee who reports to an employee who is a manager or, supervisor, whether directly or through one or more additional layers of management. "Personal Relationship" is defined as an association of a romantic or sexual nature (e.g., dating), between employees in the past or present. C. Guidelines 1. Persons in elected, appointed, supervisory or managerial positions are subject to more stringent requirements under this policy due to their stature as role models, their access to sensitive information, their ability to influence others and to affect working environments or conditions of employment. 2. Employee off-duty conduct is generally regarded as private, as long as such conduct does not have a connection to or create problems within the 75 workplace. An exception to this principle, however, is a personal relationship between a manager or supervisor, and a subordinate, if the relationship is deemed to have the potential to create the appearance of or actually impact/influence working conditions or a relationship between peers that actually affects the working conditions in a department. 3. Employment of Elected and Appointed Officials and Relatives a. No person elected to the Office of Village President, Village Trustee, Village Clerk or appointed to the office of Village Manager shall be employed in any other capacity with the Village during the term that he or she holds appointed or elected office, unless otherwise allowed by law. b. Immediate family members (relatives as defined in B) of the Village President, Village Trustees, Village Clerk, Village Manager-and as herein defined, shall not be hired in any capacity during the person's tenure in office. C. Relatives of supervisors, as defined in B, who possess the required qualifications, experience, training, fitness, character and integrity for the position may be hired when there is no supervisor/subordinate relationship and there appears to be no actual, perceived or potential conflict of interest. However,they will not work in positions where such a person has access to sensitive information regarding relatives. d. When relatives do work in the same department and either one is promoted, except as set forth above, both may maintain their positions, if not assigned under the direct or indirect supervision of the other; if neither occupies a position that has influence over the other's employment, promotion, salary, and/or other management- related or personnel considerations and there is no actual, perceived or potential conflict of interest, including potential, actual or perceived favoritism. The Alternatives set forth in#5 apply if the nature of the relationship between relatives actually disrupts the operation of the department or the Village. e. If employees become relatives after employment or employees are relatives on the effective date of this policy, it is the responsibility and obligation of the employees involved to disclose the existence of the relationship to the Human Resources stDirector immediately. The Alternatives set forth in#5 apply if the nature of the relationship between relatives actually disrupts the operation of the department or the Village. 4. Personal Relationships. Supervisors, managers and elected officials must ensure that any personal relationships do not impact the workplace or operations and efficiency of the Village. Supervisors and managers and elected officials are expected to ensure that personal relationships do not result in a potential, actual or perceived conflict of interest, including but 76 not limited to potential, actual or perceived favoritism. To that end, all supervisors are prohibited from engaging in a personal relationship (romantic, sexual, co-habitant, marriage, dating) with direct or indirect subordinates, whether at work or on personal time, if the relationship has an actual, perceived or potential conflict of interest, including but not limited to actual, perceived or potential favoritism. Elected officials and managers are prohibited from engaging in a personal relationship, with any employee of the Village, whether at work or on personal time, if the relationship has an actual, perceived, or potential conflict of interest, including but not limited to actual, perceived or potential favoritism. If a personal relationship, including dating, exists between Village employees and/or officials on or after the effective date of this policy, it is the responsibility and obligation of the employees involved to disclose the existence of the relationship to the Village Resource Director immediately. This disclosure will enable the Human Resource GeneFalist Director to detennine whether any potential, perceived or actual conflict of interest exists because of the relative positions of the persons involved. The provisions of this policy are not limited to personal or familial relationships amongst supervisors, managers and subordinates. The policy also includes personal and/or familial relationships between individuals working as peers in any department when such relationship actually disrupts the operation of the department or the Village. 5. Alternatives. In the event: (1) employees are relatives or become relatives as defined above and are or become a direct or indirect supervisor/subordinate; or(2) a personal relationship exists or should occur between a direct or indirect supervisor/subordinate as defined above; or(3) a personal relationship exists between peers which causes disruption to the operation of a department, the Human ResourceDirector, in conjunction with the Village Manager, will determine whether the relationship creates an actual or potential conflict, the appearance of a conflict of interest,or disruption to the operation of the Village. If so, the Human Resources Generalist Director and Village Manager will work in conjunction with the affected employees to determine the most appropriate way to address the situation, including whether another suitable position exists elsewhere in the Village to which to transfer one of the employees to eliminate the real, potential or perceived conflict and which employee will be transferred. Refusal of a reasonable alternative position, if available, will be deemed a voluntary resignation. If the Human Resources Director, in conjunction with the Village Manager and affected employees, determines that no suitable alternative position exists to which to transfer one of the employees, the Human Resource Generalist Director will determine whether a lower level position exists for one of the employees which would eliminate the real, potential or perceived conflict and which employee would be moved to the lower level 77 position. If the Human Resources GeneT-ast Director determines no such suitable position exists, the affected employees, in conjunction with the Village Manager and affected employees will be given three (3) weeks to decide which employee will be separated from employment. If the employees are unable to agree,the Human Resource est-Director and Village Manager, in conjunction with the Department Director, will decide which employee is to be separated from employment. 6. Corrective Action. Employees who violate this policy will be subject to corrective action, up to and including termination. 7.17 Conflict of Interest As an employee, you are expected to act at all times in the Village's best interests and to exercise sound judgment unclouded by personal interests or divided loyalties. Both in performing your duties at the Village and in your outside activities, you should avoid the appearance as well as the reality of a conflict of interest. A conflict of interest exists if your circumstances would lead a reasonable person to question whether your motivations are aligned with the Village's best interests. If, for example, you are involved in an outside activity or have a financial or other personal interest that might interfere with your objectivity in performing job duties and responsibilities,you may have a conflict of interest. While it is impractical to describe all situations that may create a conflict of interest, the following provides policy guidance about some of the most common conflict of interest situations: 1. Employee self-employment or employment by another organization in a business undertaking that conflicts with the interests of the Village (this includes, but is not limited to, accepting personal payment for the same type of work you perform for the Village while using Village time, materials and/or property to further your personal work). 2. Utilizing the services of a vendor who has a business or interests that may conflict with the interests of the Village. 3. Receiving gifts from, or giving gifts to, any business associates which may be construed as improper. (See our Gift Ban policy). 4. Use of Village information for private gain. 5. Using or revealing to a third party, any confidential information which might be detrimental to the interests of the Village. (See our Confidentiality policy). 6. Purchasing or leasing goods or equipment for the Village(or participating in 78 the decision) from persons the employee is related to or in which the employee has an interest. The above list is not exhaustive. There are many other situations that may also create potential for a conflict of interest or the appearance of a conflict of interest. It is up to you to be aware of the potential for a conflict of interest in your own particular situation and to resolve the issue in accordance with this policy. Employees found to be violating this policy are subject to disciplinary action, up to and including termination. Any questions about the propriety of a business or related transaction should be referred to the Village Manager. 7.18 Political Endorsements In no event shall any political endorsement be considered in connection with the appointment to a position in the Village service. 7.19 Political Activity and Contributions All full time and part time employees are subject to the Village Ethics Ordinance (Chapter 10, Section 1-10-1 et seq, also attached as Appendix B). Village employees have a constitutional right to engage in political activity through voluntary political contributions or voluntary political work. Nothing will be done to abridge the constitutional right of an employee to participate in the political process. Village employees shall not participate in political activities while at work, nor shall Village supplies and equipment, including uniforms, be used in connection with political activities. No employee shall require any other employee to perform any prohibited political activity as part of that employee's duties, as a condition of employment, promotion or job assignment or during any compensated time off. 7.20 Solicitation In the interest of maintaining a proper business environment and preventing interference with work and inconvenience to others, employees may not distribute literature or printed materials of any kind, sell merchandise, solicit financial contributions, or solicit for any other cause during working time. Employees who are not on working time(e.g., those on lunch hour or breaks) may not solicit employees who are on working time for any cause or distribute literature or printed material of any kind in working areas at any time. Non-employees are likewise prohibited from distributing material or soliciting employees on the Village premises at any time. 7.21 Gifts and Gratuities 79 All Village employees and Village departments are prohibited from accepting gifts, gratuities, or related donations from citizens at large, vendors, businesses, or other persons with whom they may come in contact with in the course of their official duties. Acceptance of gifts and donations not having essential or intrinsic value, such as food that can be consumed on the premises by the department as a whole, is not strictly prohibited but should be received judiciously and with discretion. Receipt of calendars, pocket notebooks, and other items of an advertising nature are also governed by this no intrinsic value policy. Procedurally, if a gift or gratuity is received from a citizen or business and is addressed to the department as a whole, the Department Director should return the gift or gratuity as soon as possible with an accompanying letter thanking the person or firm for the thought, but explaining that it is not expected and is contrary to Village policy. If a gift for the department as a whole is submitted to an individual member of the department, it should be forwarded to the supervisor immediately, and the above course of action should be followed. Employees are subject to the provisions of the Village Ethics Ordinance(see Appendix B) and should consult Chapter 10 Section 1-10-4 for additional guidance in determining prohibitions, exceptions, and final disposition of gifts. 7.22 Extreme Weather and Emergency Situations A. General Provisions 1. Closing of Facilities - In the event of extreme weather or an emergency situation, the Village Manager will decide which, if any, of the Village's facilities will close. 2. Compensation a. It is the Village Manager's discretion to determine if, and how, Village employees who either work or do not work under such circumstances shall be compensated. b. If the facility at which employees work remains open; or if the facility is closed and arrangements are made for alternative work sites or conditions; or if the employee is otherwise considered critical to the immediate operation of the Village and required to work;the employees who do not report to work or who choose to leave early may be charged with vacation leave or personal leave in order to be compensated for regularly scheduled hours of work. C. Department Directors must review applicable bargaining agreements in making determinations regarding these issues. 80 7.23 Technology Use General Provisions The Village maintains a tremendous amount of information in electronic form. Likewise, the Village depends on technology to provide vital public services. While information technology is an invaluable tool for local government, it can also represent a tremendous risk if it is misused or abused. These facts make it necessary to maintain information systems and technology that are secure, efficient and effective. The policies in this document are intended to regulate the use and development of electronic data resources and technology used by the Village to assure that these ends are met. TheAistaPA Village Mara or Information Technology Director, under the direction of the Village Manager, or his designee, shall be responsible for plans and implementation of Village policies affected by or enhanced by information systems and technology. Information Technology staff shall maintain a close working relationship with other departments of the Village to assure that their information and technology needs are being met. As of June 14, 2005, this policy serves to delineate acceptable uses of the Internet, email and computer systems while using government owned/leased equipment, facilities, Internet addresses, domain names, and/or email services registered to or provided by the Village. It seeks to ensure that the use of the Internet, email and computer systems by Village employees and elected officials while conducting work for the Village and/or while using Village provided systems is consistent with the Village's policies, all applicable laws, and the individual user's job responsibilities. Information is not Private: the Village computers and the data stored on them are, and remain at all times, the property of the Village. As such, all messages created, sent or retrieved over the Internet or the Village's electronic mail systems are the property of the Village, and should not be considered private information. Employees have no right to privacy as to any information or file transmitted through or stored in the Village's computer systems, electronic mail, or other technical resources. The Village will, or reserves the right to, monitor the use of electronic systems and to review or inspect all material stored therein. No communications are guaranteed to be private or confidential. The use of personal passwords, assigned to the employee, is not grounds for an employee to claim privacy rights in the electronic or communications systems. The Village reserves the right to override personal passwords. Employees may be required to disclose passwords or codes to the Village to allow access to the systems. It is IT's responsibility, within this policy, to provide resources to Village Management so that they may administer the policy. Any and all enforcement actions are the responsibility of Village Management. Information Technology shall be defined to include electronic-based communication and records,personal computers, software, network servers, email, the Internet,telephones and cellular phones, voicemail and text messaging services, electronic bulletin board systems, paging systems and other systems and devices that transmit and/or store information on 81 media other than paper. Employees of the Village are expected to maintain the same standards of propriety, professionalism and confidentiality for electronic-based communication and records as any written correspondence. A. Authorized Users means only current employees or elected or appointed officials of the Village that have received, read and agreed to the Village of Oak Brook Technology Use, Internet, and Email Policy. B. Authorized Use of Information Technology: The Village encourages authorized and trained personnel to make use of information technology to improve the efficiency or effectiveness of Village services. Village employees are encouraged to be creative in their use of technology and to share their discoveries of techniques with other employees. C. Unauthorized Use of Information Technology: The Village prohibits the use of Village information technology resources in the following circumstances: 1. By unauthorized persons 2. Personal profit-making businesses 3. Political activity The Village's prohibition again sexual, racial, and other forms of harassment are extended to include the use of electronic and telecommunications systems. Offensive, harassing, vulgar, obscene, or threatening communications are strictly prohibited, as are sexually oriented messages or images. Employees who receive email or other information on their computers which they believe violate this policy should immediately report this activity to their supervisor. D. Limited Personal Use- Authorized Users of the Village's Information Technology systems may also use these systems for limited personal use, which is any personally initiated activity(including email and Internet usage). Personal Use is still governed by the restrictions listed in Section C above. This is a benefit, not a right, and may be limited or removed at any time by management. The Village does not accept liability for any loss or damage suffered by an employee as a result of that employee using the Village's Information Technology systems for personal use. Occasional, limited, appropriate personal use of these systems is permitted when the use does not: 1. Interfere with the User's work performance (It shall be infrequent and brief, as defined by management) 2. Interfere with the normal operation of your department or work unit 3. Interfere with any other User's work performance or have a negative impact on overall employee productivity 4. Have undue impact on the operation of the Village's Technology systems 5. Cause any additional expense or load to the Village or department 82 6. Compromise your department or the Village in any way 7. Violate any other provision of this policy, any other policy guideline, any law/regulation, i.e., HIPAA, or standard of the Village In limiting personal use, the Village expects employees to exercise the same good judgment that they would use in all work situations. E. Protection of Sensitive. Confidential and Proprietary Information: Privileged or confidential material, such as, but not limited to, trade secrets or attorney-client communications, should not be exchanged haphazardly by email, facsimiles, etc. F. To protect all sensitive, confidential and proprietary information all Village personnel shall observe the following practices: 1. Access to network directories and databases shall be restricted to personnel with a demonstrated "need to know" as determined by the Department Director and Village Manager 2. Personal access codes and passwords shall not be shared, even with other Village employees 3. All employees are prohibited from allowing unauthorized individuals access to Village Information Technology 4. Subject to Department Director approval, employees shall be restricted to the workstations, servers and time periods they may use, by security measures established by the Information Technology Department 5. Employees shall either lock their computers or log off whenever they leave their work area 6. Outside of normal job duty performance, no employee shall make copies of information stored on Village information systems without authorization from their supervisor or Department Director. This includes printed reports or any electronic storage media. 7. Village personnel are prohibited from encrypting or password-protecting computer files without authorization from their Department Director(At least two employees shall have access to any protected or encrypted file). Employees must be aware of the possibility that electronic messages that are believed to have been erased or deleted can frequently be retrieved by systems experts and can be used against an employee or the Village. Therefore, employees should be cautious and use the systems only in the appropriate manner and consult with systems experts to guarantee that information to be deleted is truly eliminated from the system. 83 Information Systems A. Hardware Installation: Only hardware that has been approved by the IT Department and the Department Director shall be installed for Village use. This includes all peripherals and accessories. Only the IT Department shall install or uninstall hardware. Hardware may not be relocated, connected,or disconnected from any computer without the prior approval of IT and the Department Director. B. Software Installation: Only software that has been approved by the Village shall be installed or executed on any Village computer. It is against Village policy to install, access or execute any software or data that has not been approved for use. Only the Information Technology staff shall install all software, unless approved by the-As&istafA Village " anagfr Information Technology Director, no other person shall install software. Transfer of software applications from one computer to another computer or storage device on or off site requires the approval of the Assistant Village Manager-Information Technology Director or the Village Manager. Likewise, employees are prohibited from bringing unauthorized electronic communications equipment to work to use with Village provided electronic communications equipment and/or from accessing Village systems with their devices absent explicit permission from the IT Department and their Department Director. Such prohibitions could include but are not limited to any type of external computer drives; such as flash drives, to save information from computer drives; and personal laptops and other wireless communications devices. Using such unauthorized equipment with Village provided electronic communications equipment and/or accessing Village systems without permission is considered to be theft of the Village's intellectual property. Employees who create a company profile/email account on their personal device without permission(or who refuse to delete their Village profile/email on their personal device when asked to do so) will automatically have their device reset to factory default by the Village. This setting will delete all Village information from their device, but will also delete any and all personal information(including, but not limited to, apps, contacts, pictures, videos, etc.) as well. C. Software Licensing and Cop,3rights: The Village purchases or licenses the use of copies of computer software from a variety of outside companies. The Village does not own the copyright to any of this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it for use on more than one computer. D. Use of Equipment: All Village computers and related equipment and products owned by the Village are intended for use only at and in Village facilities. Such equipment is not to be taken home or otherwise off the premises without prior authorization from IT or the Department Director. Any movement of the Village's equipment, even within different areas of the premises, requires prior notification and approval of IT. Additionally, any disconnection or re-connection of a computer, its component parts, its appurtenances, or its connection to the network is to be performed by or under the supervision of IT. 84 E. Use of Software on Networks: With regard to use on local area networks or on multiple machines, Village employees shall use the software only in accordance with the license agreement. F. Non-Village Software and Equipment: Users are prohibited from installing non-Village software on Village computer systems and from attaching non-Village equipment to the Village's computer systems and network without prior approval from IT. (See above). G. Use of Computer Systems and Network: Users shall not access any network resources without authorization from IT. Users shall not use any network scanner, sniffer or cracking software on Village computers, network or other system equipment. The use of file transfer programs or remote control programs is prohibited, except with prior authorization of IT. H. Employee's Duty for Notification: Village employees learning of any misuse of software or related documentation within Village departments shall notify their Department Director and the Assist ^*Village Manager Information Technology Director. I. Penalties for Violation of Copyright Laws and Policies: According to the US Copyright Law, illegal reproduction of software can be subject to civil damages of as much as $100,000 per work copied, and criminal penalties, including fines and imprisonment. Village employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. The Village does not condone the illegal duplication of software. Internet The Internet is a useful research, work, and communication resource which may be provided to municipal employees for uses related to municipal business. Access to the Internet provides email capabilities for contacting outside resources and access to databases for research and informational purposes. This policy is intended to ensure that use of the Internet by and among employees of the Village is consistent with municipal policies, all applicable laws, the individual user's job responsibilities, and to establish basic guidelines for appropriate use of the Internet. Further, as activity on the Internet through the Village's system may be a matter of public record, it is the responsibility of each individual to maintain the integrity of the system. Periodic reviews of Internet activity may be performed at a system, department and/or individual level. The Internet and email must be treated as a formal communications tool like telephone, facsimile, and video communications. Therefore, each individual user is responsible for complying with this and all other relevant policies when using the Village's resources for accessing the Internet or utilizing email. Use of these same resources in violation of this policy or applicable department policies is grounds for disciplinary action up to and including termination. A. User Internet access will be authorized by each Department Director to users in their respective departments, consistent with prior approval granted by the Village Manager. A condition of authorization is that all Internet users must read and sign a copy of this policy and all other applicable policies regarding computer usage. 85 B. The safety and security of the Village computer system and resources must be considered at all times when using the Internet. Users shall not share any password for any Village computer with any unauthorized person, nor shall any user obtain any other user's password by any authorized or unauthorized means. C. A wide variety of information is available on the Internet. Some individuals may find some information on the Internet offensive or otherwise objectionable. Individual users should be aware that the Village has no control over the Internet and can therefore not be responsible for the content of information available. D. Users may only engage in chat rooms, instant messenger communications or newsgroups if it is required as a part of their job requirements and has been approved by their Department Director. Questions about these services should be referred to the Assistant Village Managen Information Technology Director. E. Users may not access sites that contain, or may contain illegal, defamatory, obscene, indecent or potentially offensive materials, unless such is required and directed by the employee's supervisor, as a part of that employee's job function. F. Users shall immediately report all viruses, worms, spyware or other suspected system attacks to the Information Technology staff(630-368-5180), who will use appropriate eradication methods. G. In the event of a continued breach of this or any other policies by a specific user or department, that user or department may be disconnected from the Internet until compliance with all Village policies is re-established, or the employee may be disciplined, up to and including termination. H. Users who access any Internet sites for which a charge or a fee is involved, without the written consent of that individual's Department Director, shall be responsible for any and all payments associated with visiting that site. I. Access to the Internet or email during an authorized user's non-work hours via Village equipment shall completely adhere to all provisions of this policy and cannot disrupt or interfere with the work performed by users of the municipality's own computer system or misrepresent the interests of the Village. Access during non-work hours is subject to Department Director approval. J. Accessing entertainment and other websites that use significant bandwidth could jeopardize network speed for other business uses, and should be avoided. This includes websites that broadcast radio, TV, video, or any streaming technology, and other similar high-bandwidth sites that are not related to Village business. Email Usaize A. Email messages and the transfer of information via the Internet cannot always be guaranteed as secure. Any employee preparing to transmit information must include the following disclaimer or use the traditional paper mail system. 86 "This electronic message and any attached files contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, confidential and/or exempt from disclosure under applicable law, including protected health information (PHI). If you are not the intended recipient or the employee or agent,you are hereby notified that any viewing, copying, disclosure or distribution of the information may be subject to legal restriction or sanction and is strictly prohibited. If you have received this communication in error, please notify the sender by return electronic message or telephone, and destroy the original message without making any copies. Unless otherwise stated, any opinions expressed in this electronic message are those of the author and are not endorsed by the Village. Electronic messages sent to and from the Village of Oak Brook may be subject to discovery under the IL Freedom of Information Act." B. No person without specific authorization shall read, alter, or delete any other person's computer files or email. This applies regardless of whether the computer's operating system permits these acts. C. Any user that receives a message from an unknown source or has a questionable attachment from a known source, shall not open the email nor any attachment to that email due to the risk of attached virus. The email and attachment shall be immediately deleted. D. Email messages may constitute a public record subject to the record keeping requirements of the Local Records Act and available to the public under the Freedom of Information Act. Employees are responsible for printing a hard copy of any email that would appear to be a document needed for retention. (Please see the Village's policy on document retention). Additionally, for the protection of data, all emails, documents, and other data are to be saved on the Village's network. If a document is saved elsewhere, it is the duty of the user to preserve the copy and make sure it is available. An employee is not to release any documents or information to the public unless directed by the Village Manager or his designee pursuant to the provisions of the Freedom of Information Act. E. Employees are responsible for periodically deleting unneeded emails, documents and other files in order to conserve network file storage space. F. The size of Email attachments should be limited in order to conserve file storage space and bandwidth when sending email messages. 7.24 Social Media Use Policy Definition: Social Media is defined as: blogs, other types of self-published online journals, and collaborative Web-based discussion and image sharing forums including, but not limited to, LinkedIn, Facebook, MySpace and Twitter. A. General Rules and Guidelines The following rules and guidelines apply to the use of social media, whether such use is for the Village on Village time, for personal use during nonworking time, outside the workplace or during 87 working time while using Village owned equipment. (Using Village equipment to access social media sites for personal use is also governed by the Communications Systems/Email Policy. Employees should also refer to this policy before accessing such sites via the Village's equipment). These rules and guidelines apply to all employees. 1. Employees are prohibited from discussing the Village's confidential information through the use of social media. Confidential information includes employees' home addresses and other personal medical information, marketing lists, customer account information, strategic business plans, customer lists, financial information of customers, and other proprietary and non-public Village information. 2. Employees cannot use social media to harass, threaten, libel or slander, malign, defame, or discriminate against co-workers, supervisors, appointed or elected officials, customers, residents, vendors or suppliers, reporters, any organizations associated or doing business with The Village, or any members of the public, including website visitors who post comments. The Village of Oak Brook's anti- harassment and EEO policies apply to use of social media in the workplace. 3. The Village trusts and expects employees to exercise personal responsibility whenever they use social media, which includes not violating the trust of those with whom they are engaging. Employees should never use social media for covert advocacy, marketing or public relations. If and when employees use social media to communicate on behalf of the Village, they should clearly identify themselves as employees. 4. This policy is not intended, nor shall it be applied, to restrict employees from discussing their wages, hours and working conditions with co-workers,or violate any state or federally protected rights. B. Village of Oak Brook-Sponsored Social Media Village of Oak Brook-sponsored social media is used to: convey information about Village services and events; advise to residents about events, meetings, alerts, emergencies; obtain resident feedback, exchange ideas or obtain insights and/or opinions; reach out to potential new markets; provide sales and marketing support to raise awareness of the Village's brand; issue or respond to breaking news, or respond to negative publicity; brainstorm with employees, residents, or businesses; and discuss government, business unit, and department specific activities and events. All such Village-related social media is subject to the following rules and guidelines, in addition to rules and guidelines set forth above: 1. Only employees designated and authorized by the Village may prepare content for,or delete, edit, or otherwise modify content on Village of Oak Brook-sponsored social media sites. 2. Employees cannot post any copyrighted information where written reprint permission is not obtained in advance. 88 3. Designated employees are responsible for ensuring that the Village-sponsored social media conform to all applicable Village rules and guidelines. These employees are authorized to remove immediately and without advance warning any content, including offensive content such as pornography, obscenities, profanity, and/or material that violates Village's EEO and/or anti-harassment policies. 4. Employees who want to post comments in response to content must always identify themselves as an employee of the Village. C. Personal Use of Social Media The following rules and guidelines, in addition to the rules and guidelines set forth in Section A above, apply to employee use of social media on the employee's personal time. 1. Employees should abide by the Village of Oak Brook's Electronic Communication and Email Policy concerning personal use of the Village's computer and related equipment. 2. Employees who utilize social media and choose to identify themselves as an employee of the Village of Oak Brook are strongly encouraged to state explicitly, clearly, and in a prominent place on the site that their views are their own and not those of the Village of Oak Brook, Oak Brook official, or of any person or organization affiliated or doing business with the Village of Oak Brook. Those with leadership responsibilities, by virtue of their position, must consider whether personal thoughts they publish, even in clearly personal venues, may be misunderstood as expressing Village of Oak Brook positions. Employees should respect all copyright and other intellectual property laws. For the Village's protection, as well as your own, it is critical that you show proper respect for all the laws governing copyright, fair use of copyrighted material owned by others, trademarks and other intellectual property, including Employer's own copyrights,trademarks, and brands. 3. Employees cannot advertise, promote,or sell Village products or services through social media, unless authorized in writing from either the Assistant Village Manager or Village Manager. D. Village of Oak Brook Monitoring The Village reserves the right to monitor employees' use of social media including, but not limited to statements/comments posted on the Internet, in blogs and other types of openly accessible forums, diaries, and personal and business discussion forums. Employees should have no expectation of privacy while using Village equipment and facilities for any purpose, including the use of social media. The Village reserves the right to monitor, review, and block content that violates the Village's rules and guidelines. E. Violations 89 The Village will investigate and respond to all reports of violations of the Village's rules and guidelines or related Village policies or rules. Employees are urged to report any violations of this policy to Human Resources with 24 hours. A violation of this policy will result in discipline up to and including termination of employment. 7.25 Anti-Bullying Policy The Village prohibits acts of harassment or bullying. The Village has determined that a safe environment is necessary for employees to be successful and productive. Bullying, like other disruptive or violent behaviors, is conduct that disrupts both an employee's ability to positively contribute to the Village on a day-to-day basis and the Village's ability to successfully run its business. "Bullying" is conduct that meets all three of the following criteria: • is directed at one or more employee(s); • substantially interferes with work/prevents work from being accomplished; and • adversely affects the ability of an employee to contribute in a positive manner in the workplace by placing the employee in reasonable fear of physical harm and/or by causing emotional distress. Examples of bullying behavior may include but are not limited to: • spreading malicious rumors, gossip, or innuendo about another employee • excluding or isolating someone socially • intimidating a person • undermining or deliberately impeding a person's work • physically abusing or threatening abuse • removing areas of responsibilities without cause • constantly changing work guidelines • establishing impossible deadlines that will set up the individual to fail • withholding necessary information or purposefully giving the wrong information • making jokes that are 'obviously' offensive by spoken word or email (see the Village's policy on sexual and other forms of harassment for more guidance in this area) • intruding on a person's privacy by pestering, spying or stalking • assigning unreasonable duties or workload which are unfavorable to one person(in a way that creates unnecessary pressure) • underwork- creating a feeling of uselessness • criticizing a person persistently or constantly • belittling a person's opinions (i.e., disagreeing with a person's opinions in a manner that suggests the person is incapable of forming an educated opinion or that the person's opinions are not as important as compared to others). • unwarranted (or undeserved) punishment • blocking applications for training, leave or promotion • tampering with a person's personal belongings or work equipment. All employees have a responsibility to stop bullying in the workplace. Bystander support of bullying can encourage further bullying; therefore,the Village prohibits both active and passive 90 support for acts of bullying. Employees are encouraged to report acts of bullying to the appropriate person as described below. An employee who believes that he or she has experienced or witnessed bullying is encouraged to report the incident as soon as possible to his or her supervisor or, in the alternative, Human Resources. A supervisor who receives a report under this policy must immediately inform Human Resources unless the complaint involves Human Resources, in which case the supervisor should inform the Village Manager. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report. Employees are also encouraged to review the Village's policies concerning "Anti-Harassment and Retaliation" and"Workplace Violence" for further guidance. A prompt, thorough, and complete investigation of each alleged incident will be conducted. The Village prohibits reprisal or retaliation against any person who reports an act of bullying. The Village prohibits any person from falsely accusing another as a means of bullying. An employee found to have violated this policy may be disciplined up to and including termination of employment. 7.26 -Whistleblower Compliance A whistleblower as defined by this policy is an employee of the Village who reports an activity that he/she considers to be illegal or dishonest to one or more of the parties specified in this Policy. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities. An example of an illegal or dishonest activity is a violation of federal, state or local laws or financial wrongdoing. If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee is to contact his/her supervisor or the Village Manager. The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing will be subject to discipline up to and including termination. Whistleblower protections are provided in two important areas --confidentiality and against retaliation. Insofar as possible, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide accused individuals their legal rights of defense. The Village will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm. Any whistleblower who believes he/she is being retaliated against must contact the Village immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated. All reports of illegal and dishonest activities will be promptly submitted to the Village Manager who is responsible for investigating and coordinating corrective action, or his designee, in the event he is the accused. Employees with any questions regarding this policy should contact the Village Manager. 91 7.27 Breakroom/Cafeteria The Village continually strives to maintain attractive, comfortable, and safe working conditions but asks each employee to take it upon themselves to keep their own desks and work area orderly and neat. The breakroom/cafeteria is provided for use during breaks and lunch periods. The Village may provide a refrigerator, microwave, and vending machines. It is each employee's responsibility to keep the breakroom/cafeteria clean. Please throw away your garbage and remove old food from the refrigerator on a regular basis. 7.28 Confidentiality All employees must safeguard confidential information obtained as a result of working for the Village. This confidential information includes all information not generally known that could cause the Village or any of its employees injury, embarrassment, or loss of reputation or goodwill if this information is disclosed to the general public (and that is not subject to the Freedom of Information Act "FOIA"). This information includes, but is not necessarily limited to, information concerning members of the public, employee health information and any material specifically identified by the Village as "confidential." Access to confidential information should be on a"need to know"basis and must be authorized by a supervisor. Unauthorized use or disclosure of any confidential information will cause irreparable harm to the Village. The Village may seek all remedies available under the law for any threatened or actual unauthorized use or disclosure of confidential information. Any employee who is unsure about the confidentiality of any information should immediately seek the assistance of management prior to disclosing such information. Employees should use reasonable security measures with respect to confidential information, including but not limited to the following: • Confidential information should not be disclosed to any third party except upon the Village's prior written approval; • No copies should be made of any confidential information except to promote the purposes of the employee's work for the Village; • Employees should not use confidential information for their own benefit, nor for the benefit of any third party, without the Village's prior consent. All confidential information shall remain the sole property of the Village, and all copies must be returned to the Village upon termination of employment or upon demand at any other time. 92 ARTICLE 8 - DISCIPLINARY ACTION 8.01 Disciplinary Procedures As integral members of the Village team, employees are expected to accept certain responsibilities, adhere to acceptable business principles in matters of personal conduct, and exhibit a high degree of personal integrity at all times. This not only involves sincere respect for the rights and feelings of others but also demands that both in a business and personal setting, employees should refrain from any behavior that might be harmful to the employee, coworkers, and/or the Village, or that might be viewed unfavorably by the public at large. Employee conduct reflects on the Village not only when an employee is at work,but also when an employee is away from the Village. Employees are consequently encouraged to observe the highest standards of professionalism at all times. The following is a list of behaviors that could result in disciplinary action up to and including termination. Be aware that this list is not intended to be"all inclusive," and that other behaviors may, at the Village's discretion, also result in disciplinary action up to and including termination. Establishment of these standards of conduct does not alter the employment-at-will relationship. Employees should seek further clarification from a member of management on issues related to conduct. Breaches of Conduct 1. Abuse of the sick leave policy(see Section 5.02). 2. Abuse or negligence of Village security or confidential materials. 3. Accepting for the performance of one's job duties any fee, reward, gift, tip or other form of remuneration which does not constitute normal wages, salaries or benefits. (see Section 7.21) 4. Any behavior that results in an employee not performing his/her job. 5. Carelessly or negligently handling the Village's equipment and/or property. 6. Conduct that the Village feels reflects adversely on the employee or the Village. 7. Consuming alcoholic beverages while on duty. 8. Damaging or destroying Village property through careless or willful acts. 9. Dishonesty in the performance of duties. 10. Dishonesty, fraud, theft or sabotage against the Village or its employees. 11. Endangering one's own safety, or the safety of others, by failing to use reasonable safety practices, and/or violating the Village's or the department's safety rules. 93 12. Engaging in conduct which brings discredit upon the Village service. 13. Engaging in such other practices as the Village determines may be inconsistent with the ordinary and reasonable rules of conduct necessary to the welfare of the Village, its employees, or customers. 14. Evidencing negligence, misconduct or incompetence in the performance of one's duties. 15. Falsifying Village documents, including employment application, time sheets/cards, reports, logs or similar records, and/or falsely representing the quality and/or quantity of work performed, or assisting another in concealing the aforementioned actions. 16. Fighting and/or other disorderly conduct. 17. Having been convicted of any felony, or of a misdemeanor involving moral turpitude, or having engaged in or engaging in criminal conduct either on or off duty. 18. Inducing or attempting to induce an officer or employee of the Village to commit an unlawful act, or acting in violation of any lawful and reasonable official regulation or order. 19. Installing unauthorized or illegal copies of software on a Village-owned computer. 20. Insubordination or failure to perform reasonable duties which are assigned. 21. Intoxication on duty. 22. Misappropriating or unlawfully disposing of Village funds or property. 23. Misrepresenting or falsifying the information reported on the employment application including all documents submitted with and/or processed as part of the employment application. 24. Negligence in observing fire prevention and safety rules. 25. Performance that does not meet the requirements for the position. 26. Possession, distribution or use of weapons or explosives, or violating criminal laws on the premises of the Village. 27. Repeated tardiness or absence; failure to report for work without a satisfactory reason; abuse of leave privileges. 28. Revealing any confidential information to any person who isn't authorized to receive it, and who does not need to know it. 29. Selling, delivering, receiving or using any illegal substance. 94 30. Threatening, intimidating, coercing, using abusive or vulgar language, or interfering with the performance of other employees of the Village or the public. 31. Unauthorized possession of Village, public or employee property. 32. Unauthorized use of material, time, equipment or property of the Village or the public. 33. Using offensive conduct or language toward the public, municipal officers, superiors, co- workers or subordinates. 34. Violating any lawful or official regulation, or failure to obey such regulation which has resulted in, or can reasonably be expected to result in, loss or injury to the Village or the public. 35. Violation of the Village's drug/alcohol policy. 36. Withholding information or providing incorrect or fraudulent information about either one's own job related injury, illness, incident or accident. The foregoing is not intended to be exhaustive of the reasons that might justify disciplinary action, but is provided to assist the employee in determining which types of conduct and/or performance the Village considers to be unacceptable. This section serves as a guideline for the supervisor's use, and notice of what employees may expect if disciplinary action is warranted. The actual procedure employed depends on the type and seriousness of the particular offense, as well as the frequency with which it or a substantially similar offense occurred. In general, disciplinary action will be progressive, but serious first time offenses may warrant immediate suspension or dismissal. Each situation will be evaluated separately and on its own merits in view of these guidelines. The Village is not necessarily required to go through the entire disciplinary action process. Discipline may begin at any step, including immediate termination, (especially during the early stages of employment), dependent upon the severity of the incident. The progressive disciplinary steps and the failure to follow the steps in every situation do not in any way create a contractual right to continued employment. 8.02 Reprimand A. Counseling-Under the best of circumstances, minor misconduct may be corrected through informal supervisory counseling advising the employee usually at the outset of a performance issue or first instance of unacceptable behavior. The action of counseling is less severe than the disciplinary and adverse actions described below, are less subject to review by third parties, but will become part of the employee's permanent official employment record. Counseling should be used by the Department Director or supervisor when: • Infractions are minor and infrequent: and • The supervisor determines that counseling will likely preclude a recurrence of the misconduct. • Formal discipline is not warranted. 95 • There is no formal disciplinary action taken. B. Verbal - The Department Director or supervisor may verbally reprimand an employee for misconduct. The reprimand should be given in private(when possible), and a record of the verbal reprimand(e.g. Personnel Action Report) placed in the employee's official personnel file. C. Written- The Department Director or supervisor may issue a written reprimand to an employee for the recurrence of an incident for which a verbal reprimand was given, or for a more serious initial violation. The reprimand normally includes a description of the incident and a statement regarding the resolution of the incident. The employee should be given an opportunity to sign the written reprimand indicating receipt, and failure to sign should be noted. A copy of the written reprimand(i.e. Personnel Action Report) should be placed in the employee's official personnel file. 8.03 Suspension A. General Provision- A Department Director may suspend without pay any employee for cause, provided that such employee is first notified of the reasons for such action and his or her right to a due process hearing. A suspension without pay shall be for such length of time as the Department Director considers commensurate with the severity of the cause. Any suspension without pay is subject to the approval of the Village Manager. This section shall not apply to police officers and firefighters who are governed by the rules of the Board of Fire&Police Commissioners and State statute. Employees exempt from the provisions of the Fair Labor Standards Act (FLSA) may only be suspended without pay in time increments of work weeks, or as applicable by law. Suspensions of Department Directors are administered at the discretion of the Village Manager and the Village President and Board of Trustees, as applicable. 8.04 Demotion A Department Director may demote an employee for cause provided that such employee is first notified of the reasons for such action and his or her right to a due process hearing. A demotion is subject to the approval of the Village Manager. This section shall not apply to police officers and firefighters, who are governed by the rules of the Board of Fire &Police Commissioners. 8.05 Termination A. Non-Introductory Employees- A Department Director may terminate a non-introductory employee, provided that such employee is first notified of the reasons for such action and his or her right to a due process hearing. Any such termination is subject to the approval of the Village Manager. All employees appointed are "at will" employees and may be terminated by the Village Manager at any time, with or without cause. Department Directors appointed by the Village President with the concurrence of the Board of Trustees,may be terminated only by the Village President and Board of Trustees, upon 96 recommendation of the Village Manager, at any time, with or without cause. This section shall not apply to police officers and firefighters, who are governed by the rules of the Board of Fire &Police Commissioners and State statute. B. Introductory Employees—An introductory employee may be terminated at any time without cause. C. Temporary, Seasonal and Situational Employees- A temporary, seasonal or situational employee may be terminated at any time without cause. D. Disqualification From Future Employment - An employee dismissed from the Village shall be disqualified from future employment by the Village, unless the Village Manager specifically authorizes such re-employment. E. Causes for Certain Disciplinary Action Including Termination- Evidence of any of the actions listed in Section 8.01 (depending on the circumstances). F. Last Chance Agreement - In lieu of terminating employment of an employee for serious violations of Village policies, procedures and rules and for other inappropriate behavior or conduct,the Village Manager, at his discretion, may provide a final opportunity for the employee to continue employment. The Last Chance Agreement shall detail the employment misconduct, set forth the Village's expectations for continued job performance and define the employment consequences for failure to meet those expectations. Failure to abide by the terms of the Last Chance Agreement will result in some form of employment action including immediate termination. The Last Chance Agreement is not precedent setting and may not be cited as precedence or referenced in future disciplinary matters. 97 ARTICLE 9 — OPEN DOOR COMMUNICATIONS 9.01 Appeal Procedure A. General Provision- Employees are encouraged to promptly discuss with their supervisor any work-related problem. It is the Village's policy to attempt to ensure that all personnel actions are fair, and that there is open communication between employees and between employees, supervisors and Village management. If efforts fail to resolve a personnel issue within ten business days after the supervisor and the employee meet, employees may avail themselves of the following appeal procedure. B. Stens- Except as otherwise stated below, all employees may take the following steps to appeal any personnel action: Step 1. - Submit the appeal in writing to the supervisor's superior. The superior shall respond with a written decision as soon as possible. If efforts fail to resolve the issue at this level, employees may proceed to the next step. Step 2. - File a written appeal with the Department Director within five business days from the date on which the employee receives the written decision generated in Step 2. The Department Director shall respond to the appeal with a written decision as soon as possible. If efforts fail to resolve the matter at this level, employees may proceed to the next step. Step 3. - Bring the issue to the Village Manager, or his designee, who shall respond with a written decision as soon as possible. The Village Manager's decision shall be final. It is recognized that some of the steps described above may be inapplicable in certain cases because of the departmental structure or because of the position of the employee who has raised the issue. C. Dismissal- The open door communications procedure may not be utilized upon termination of employment. 98 APPENDIX A VILLAGE OF OAK BROOK POLICY Commercial Driver's License Drug & Alcohol Testing A. General Policy: The Village shall comply with the provisions of the U.S. Department of Transportation Federal Highway Administration's (FHWA)published rules and regulations (49 CFR Part 382)that require employers to test drivers who have a Commercial Driver's License for the misuse of alcoholic and controlled substances. B. Defmitions: The terms used in this policy shall have the same meanings ascribed to said terms in 49 CFR 382.107 or 49 CFR 40.3, as applicable. C. Applicability: This policy applies to every employee who is required to maintain a Commercial Driver's License as part of their job requirements, including full-time, casual, intermittent or occasional employees and, for purposes of pre-employment testing only, any person applying for a job who will be required to drive a commercial motor vehicle. This policy is also applicable to leased drivers and independent owner-operated contractors who are either directly employed by or under lease to the Village or who operate a commercial motor vehicle at the direction of or with the consent of the Village. D. Purpose: The purpose of the policy is to prevent accidents and injuries resulting from the misuse of alcohol and/or controlled substance abuse by drivers of commercial motor vehicles. It is intended to comply with the FHWA's published regulations (49 CFR Part 382) that require employers to test drivers who have a Commercial Driver's License for the misuse of alcoholic and controlled substances. Nothing in this policy shall preclude the Village from establishing rules, regulations, policies and/or procedures otherwise permitted by law, as long as such rules do not conflict with the special requirements of said regulations. The Omnibus Transportation Employee Testing Act of 1991 requires the testing of employees and mandates anti-drug and alcohol misuse and prevention programs. E. Testing Requirements: The Village shall test for controlled substances and alcohol in the following circumstances: 1. Pre-Employment: Testing of this kind shall occur prior to the first time an employee performs a safety-sensitive function. Said employee shall not be allowed to perform a safety-sensitive function unless the alcohol test result indicates an alcohol concentration less than 0.04 and the controlled substances test result indicates a verified negative result. If the alcohol test result is 0.02 or greater but less than 0.04,the provisions of subsection F.3 of this policy shall apply. The Village may choose not to administer such alcohol or controlled substance tests if an exception set forth in 49 CFR 382.301 is applicable. 2. Post Accident: Testing of this kind shall occur when any employee is involved in an accident involving a commercial motor vehicle in which a safety-sensitive function was being performed with respect to the vehicle and a fatality occurs, or 99 the employee receives a citation for a moving traffic violation arising from the accident. After the test,the employee shall remain at home with pay until test results are received by the ^ssist pA Village " onager Human Resources Director or his/her designee (hereinafter "^ssist pA Village" anagerHuman Resources Director"). If an alcohol test required under this section is not administered within two (2) hours following the accident,the Village shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If an alcohol test required by this section is not administered within eight (8) hours following the accident,the Village shall not administer the test and shall prepare and maintain the same record. If a controlled substance test required under this subsection is not administered within thirty-two (32)hours following the accident,the Village shall not administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. An employee subject to a post-accident test shall remain readily available for such testing, or may be deemed to have refused to submit to testing;provided, however, that this section shall not be construed to require the delay of necessary medical attention for injured people or to prohibit an employee from leaving the scene of the accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. The Village shall provide employees with all necessary post accident information, procedures and instructions prior to an employee operating a commercial motor vehicle. The results of a breath or blood test for alcohol or a urine test for controlled substances conducted by Federal or State officials having independent authority for the test shall be considered to meet the requirements of this section, provided such tests conform to applicable law and the results are obtained by the Village. 3. Reasonable Suspicion: Testing of this kind shall occur when there is reasonable suspicion to believe that an employee has violated any of the provisions of subsections F.2, 4, 5, 6, 7 or 8. Such reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. With regard to suspected controlled substance use, such observations may include indications of the chronic and withdrawal effects of controlled substances. The observations required for a reasonable suspicion test shall be made by a supervisor who is trained pursuant to 49 CFR 382.603. The person making the determination of reasonable suspicion shall not conduct the test. Alcohol testing under this subsection may be done only if the required observations are made during,just preceding or just after the period of the work day that the employee is required to be in compliance with this policy. An 100 employee may be directed to undergo a reasonable suspicion test while the employee is performing safety-sensitive functions,just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. Notwithstanding the absence of a reasonable suspicion alcohol test, no employee shall report for duty or remain on duty requiring the performance of safety- sensitive functions while such employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech and performance indicators of alcohol misuse. The Village shall not permit the employee to perform or continue to perform safety-sensitive functions until: a. an alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or, b. twenty-four(24)hours have elapsed following the determination of reasonable suspicions. Except as provided in the preceding paragraph, the Village shall not take any action under this policy against an employee based solely on the employee's behavior and appearance, with respect to alcohol use, in the absence of an alcohol test. This does not prohibit the Village from taking any otherwise authorized action consistent with law. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor who made the observations, within twenty-four(24) hours of the observed behavior or before the results of the controlled substance test are released, whichever is earlier. Such record shall be filed with Human Resources. Employees required to submit to this test will be escorted by a supervisor or his/her designee to the test site. After the test,the employee will remain at home with pay until test results are received by the-Assistant village Ma ager Human Resources Director. 4. Random: Testing of this kind shall occur as required by the U.S. Department of Transportation, in which all employees required to have a Commercial Driver's License will be subject to random drug and alcohol testing in accordance with Federal regulations. From the average number of employees required to have a Commercial Driver's License at the Village, fifty percent (50%) shall be randomly selected each year for controlled substance testing and twenty-five percent (25%) shall be randomly selected each year for alcohol testing as required by 49 CFR 382.305. If the FHWA Administrator adjusts the percentage for alcohol testing pursuant to 49 CFR 382.305,the Village shall adjust the testing accordingly. The selection of employees for random testing shall be made by a scientifically valid method by which each employee has an equal chance of being tested each time selections are made. The tests shall be unannounced and the dates for administering the tests shall be spread reasonably throughout the year. 101 An employee who is selected for a random test shall proceed to the test site immediately; provided, however, that if the employee is performing a safety- sensitive function, said employee shall cease to perform the safety-sensitive function and proceed to the test site as soon as possible. An employee shall only be tested for alcohol under this subsection while said employee is performing safety-sensitive functions, or just before or just after performing such functions. After the test, the employee shall return to duty until test results are received by the Assistant Village Manager. 5. Return to Duty: Testing of this kind shall be administered to employees who have violated the provisions of sections F.1, 2, 4, 5, 6, 7 or 8 below. If the employee violated the alcohol provisions, a return to duty alcohol test must be administered and indicate an alcohol concentration of less than 0.02 and if the employee violated the controlled substances provision, a return to duty controlled substances test must be administered and indicate a verified negative result before such employee is permitted to return to duty requiring the performance of a safety- sensitive function. 6. Follow-Up: Testing of this kind shall occur if it is determined that an employee is in need of assistance in dealing with the alcohol or controlled substance problems pursuant to section J below. The employee shall be subject to unannounced follow-up testing pursuant to section J below. After the test,the employee shall return to duty until test results are received by the-Assistant Village Manager Human Resources Director . Follow-up alcohol testing shall be conducted only when the employee is performing safety-sensitive functions or just before or just after performance of such functions. F. Alcohol and Controlled Substances Prohibitions: The following prohibitions are applicable to all employees subject to this policy: 1. No employee shall be on duty or operate a commercial motor vehicle while possessing alcohol, unless the alcohol is manifested and transported as part of a shipment. 2. No employee shall use alcohol while performing safety-sensitive functions. 3. No employee shall perform or continue to perform safety-sensitive functions, including driving a commercial motor vehicle, for twenty-four(24)hours following an alcohol test result indicating an alcohol concentration of 0.02 or greater but less than 0.04. 4. No employee shall report for duty or remain on duty requiring the performance of safety sensitive functions while having alcohol concentration of 0.04 or greater and/or a positive test for controlled substances. 102 5. No employee shall perform safety-sensitive functions if they have consumed alcohol within the last four(4) hours. 6. No employee shall report to duty,or remain on duty requiring the performance of safety-sensitive functions, with any amount of controlled substances in their system, except when the use is prescribed by a physician who has informed the employee that the substance will not affect the employee's ability to safely operate a commercial motor vehicle. Employees shall inform the Public Works Superintendent of any therapeutic drug use. 7. No employee shall use alcohol for eight (8)hours following an accident where a post accident test is required or until he/she undergoes a post accident test, whichever occurs first. 8. No employee shall refuse to submit to a post accident, random, reasonable suspicion, or follow-up alcohol test and/or controlled substances test. 9. If the Village has actual knowledge that an employee has violated any of the provisions of this section F, said employee shall not be permitted to perform any safety-sensitive functions. G. Alcohol Testing: All alcohol testing required by this policy shall be performed pursuant to the procedures set forth in 49 CFR Part 40 and as follows: I. Before performance of a test under this policy, the employee shall be notified that such test is required by 49 CFR Part 382. 2. All testing shall be performed by using an Evidential Breath Testing device. The test shall be conducted by a Breath Alcohol Technician who is trained in the operation of the testing device. 3. Any result less than 0.02 alcohol concentration is considered a negative test. If the result is 0.02 or greater, a second confirmation test shall be conducted. 4. If the alcohol concentration is 0.02 or greater but less than 0.04, the employee will immediately be removed from duty for at least twenty-four(24) hours. A concentration of 0.04 or greater will require immediate removal from duty and referral to a substance abuse professional pursuant to Section J below. 5. Employees who violate the alcohol misuse rules shall be referred to a substance abuse professional pursuant to Section J below. H. Controlled Substance Testing: All controlled substances testing required by this policy shall be performed pursuant to the procedures set forth in 49 CFR Part 40 and as follows: I. Before performance of a test under this policy, the employee shall be notified that such test is required by 49 CFR Part 382. 103 2. The controlled substances tested include the following drugs: Marijuana, Cocaine, Amphetamines, Opiates and Phencyclidine (PCP). 3. All positive drug test results shall be reviewed and interpreted by a Medical Review Officer(MRO). A MRO shall be a licensed physician with knowledge of substance abuse. The MRO shall not be an employee of the testing laboratory. 4. In the event that the primary specimen is verified as positive, the employee shall have the option to have the split specimen sent to a different laboratory for analysis. To exercise this option, the employee must make a request to the MRO within seventy-two (72) hours of being told that the primary specimen was positive. 5. An employee who does not pass a required drug test(a primary specimen is verified as positive) shall be relieved immediately from duty. 6. Employees who violate the controlled substance misuse rules shall be referred to a substance abuse professional pursuant to Section J below. I. Procedures and Records: 1. All records required by 49 CFR Part 382 and Part 40 will be maintained by the Assistant Village Manage 1--Human Resource Director and remain confidential except as required by law or authorized or required by 49 CFR 382.405. The Village shall prepare and submit an annual calendar year summary of test results as required by 49 CFR 382.403. 2. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of controlled substances or alcohol, including test results. Records shall be provided promptly, and shall not be contingent upon payment for records other than those specifically requested. Records shall be made available to a subsequent employer or other identified person upon receipt of a written request from the employee. 3. The Village shall notify an employee of the results of a pre-employment controlled substances test if such employee requests such results within sixty(60) calendar days of being notified of the disposition of the employment application. The Village shall notify an employee of the results of random, reasonable suspicion and post accident tests for controlled substances if the results are verified positive, as well as which substance or substances were verified as positive. 4. Except employees tested randomly as provided in E.4, employees who are tested and are waiting for the results of their test(s) are to remain in contact with the Village. Employees are also required to advise the Village of their whereabouts and the telephone number of where they can be reached during this time. 5. The Village shall, no later than fourteen(14)days after the first time an employee performs a safety-sensitive function, obtain, pursuant to said employee's consent, 104 information from the employee's previous employers regarding alcohol tests with a result of 0.04 or greater,positive controlled substance test results and any refusals to be tested, within the preceding two (2)years. 6. If an employee has an alcohol test with a concentration of 0.04 or greater,or a verified positive controlled substance test or refuses to be tested, the Village shall not permit such employee to perform safety-sensitive functions without obtaining information on a subsequent substance abuse professional evaluation and return to duty testing. 7. By law, acknowledgment and agreement to this policy as required of covered employees is a condition of employment. 8. No employee who has violated any of the provisions of section F.1, 2,4, 5, 6, 7 or 8 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless said employee has been evaluated by a substance abuse professional pursuant to section J below. 9. All employees who are covered under this policy shall receive all of the educational material required by 49 CFR 382.601 and shall sign a statement, to be maintained by the Village, certifying receipt of such material. 10. The Assistant Village MMage" Human Resource Directorshall make reasonable efforts to contact and request anyone who submitted a specimen under this policy, regardless of his or her employment status, to contact and discuss the results of the controlled substance test with a MRO. TheManager-Human Resource Director shall immediately notify the MRO that the employee has been notified to contact the MRO within twenty-four(24) hours. J. Referral and Treatment: Any employee who violates any of the provisions of section F. 1, 2, 4, 5, 6, 7 or 8 hereof shall be advised by the Village of the resources available to the employee in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including names, addresses and telephone numbers of substance abuse professionals and treatment programs. In addition, such employee shall be evaluated by a substance abuse professional to determine what, if any, assistance such employee needs in resolving problems associated with alcohol misuse and controlled substances use. Prior to returning to duty requiring the performance of a safety-sensitive function, any employee who has been identified as needing such assistance shall, in addition to being subject to return to duty testing required by section E.5, be evaluated to determine that such employee has properly followed any prescribed rehabilitation program. Such employee shall also be subject to follow-up testing at least six(6)times in the first twelve (12) months following return to duty in accordance with 49 CFR 382.605. All referrals by a substance abuse professional shall comply with all the requirements of 49 CFR 382.605 (e). 105 The requirements of this subsection J. shall not apply to applicants who refuse to submit to a pre-employment test or who have a pre-employment alcohol test with a result of 0.04 or greater or a verified positive controlled substances test. K. Traffic Violation/CDL Disqualification: According to Illinois State law, serious traffic violations while operating a Village vehicle may result in temporary or lifetime disqualification for CDL holders. If an employee loses his/her CDL due to a violation and is not reinstated within 30 days, he/she is subject to discipline up to and including termination. All CDL holders should also note that any serious traffic violations that occur while operating a nonVillage vehicle can also result in a disqualification of the CDL license. Under Illinois law all drivers operating a vehicle on highways automatically give their consent to submit to tests which determine the blood alcohol level while driving. Since April 1, 1992,the legal Breath Alcohol Content (BAC) for CDL holders has been 0.04. The following violations committed by a CDL holder shall result in a disqualification from using a CDL,under Illinois law, for at least 12 months for the first incidence of: 1. Refusing to submit to, or failure to complete a breathalyzer test. 2. Operating a Village vehicle with a blood alcohol concentration of 0.04 or greater. 3. Conviction(no matter what the BAC reading is) of driving under the influence. Any driver who commits a second violation of any of the above listed offenses, arising from two or more separate incidents, is disqualified from a CDL for life. It should be noted that alcohol related convictions that occur in non-Village vehicles may also result in the disqualification of a CDL. A conviction for other violations, such as the ones listed below, can also lead to a disqualification of at least 12 months on a CDL. 1. Knowingly and willfully leaving the scene of an accident while operating a Village vehicle. 2. Committing a felony while operating a Village vehicle. A conviction for the violations listed below will result in the lifetime disqualification of a CDL. 1. A second violation of either of the two (2)offenses listed above, or a combination of the alcohol violations listed on the previous page. 2. The use of a Village vehicle in the commission of a felony involving the manufacturing, distributing or dispensing of a controlled substance. 106 Committing any of the violations listed in the last two paragraphs, while driving a non- Village vehicle, may also result in the suspension of your CDL. L. Disciplinary Action: Anyone who violates any of the requirements of 49 CFR Part 382 is, pursuant to 49 CFR 382.507, subject to the penalty provisions of 49 USC 521 (b). In addition, independent of the provisions of 49 CFR Part 382, an employee may be subject to disciplinary action by the Village up to and including termination for violation of any of the provisions of this policy. 107 APPENDIX B ORDINANCE 2008-BD-BOT-ETHICS-G-862 AN ORDINANCE AMENDING TITLE I(ADMINISTRATION)CHAPTER 10 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: Title 1, Chapter 10 of the Village Code is amended by deleting the existing language and substituting the following in lieu thereof: Section 1-10-1: Applicability and Purpose. A. This Ethics Ordinance applies to all full-time and part-time Employees, and to all elected and appointed Officers of the Village, including appointed members of Village boards, commissions and committees established by Illinois Statutes or Village Code. B. It is essential to effective democratic government that public officials and employees be independent, honest, and impartial in the conduct of their duties, that all governmental decisions be made on the merits following fair and open processes and in compliance with State statutes and Village Code, that public office and employment not be used for private gain or favoritism, and that citizens have confidence in the integrity of their government. To that end, all Village officials and employees must serve the Village in a fiduciary capacity, must not use their office or position for personal gain and must not bestow special consideration upon any person merely because of that person's relationship to the Official or Employee. C. It is the policy and purpose of this Chapter to protect the public interest and the integrity of the Village by establishing appropriate ethical standards for the conduct of Village Officers and Employees in foreseeable circumstances and situations. However, it is recognized that no code of conduct can address all ethical issues that may arise. Accordingly, in case of doubt, all Village Officers and Employees are to seek the advice of the Village's Ethics Advisor and to apply inherent standards of morality, honesty and integrity. Section 1-10-2: Definitions. For purposes of this Chapter, the following terms shall be given these definitions: A. "Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office or who has been appointed to fill a vacancy in nomination and who remains eligible for placement on the ballot at a regular election, as defined in Section 1- 3 of the Election Code(10 ILCS 5/1-3). B. "Contribution" has the same meaning as that term is defined in Section 9-1.4 of the Election Code(10 ILCS 5/9-1.4). C. "Employee" means a person employed by the Village, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of the Village with regard to the material details of how the work is to be performed, but does not include an independent contractor. D. "Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the Officer is compensated for service in his or her official capacity, and includes members of Village boards and commissions appointed by the corporate authorities of the Village. 108 E. "Political organization" means a party, committee, association, fund or other organization (whether or not incorporated)that is required to file a statement of organization with the State Board of Elections or the County Clerk under Section 9-3 of the Election Code (10 ILCS 5/9- 3), but only with regard to those activities that require filing with the State Board of Elections or the County Clerk. F. "Village"means the Village of Oak Brook. Section 1-10-3: Prohibited Political Activities. A. Definitions. For purposes of this Section 1-10-3, the following terms shall be given these definitions: 1. "Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election or appointment of any individual to any federal, state or local public office or office in a political organization or the selection, nomination or election of Presidential or Vice-Presidential electors, but does not include activities: (i) relating to the support or opposition of any executive, legislative or administration action; (ii) relating to collective bargaining; or (iii) that are otherwise in furtherance of the person's official duties. 2. "Collective Bargaining" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act(5 ILCS 315/3). 3. "Compensated time" means, with respect to an Employee, any time worked by or credited to the Employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the Employee is on a leave of absence. With respect to Officers or Employees whose hours are not fixed, "compensated time" includes any period of time when the Officer or Employee is on premises under the control of the Village and any other time when the Officer or Employee is executing his or her official duties, regardless of location. 4. "Compensatory time off" means authorized time off earned by or awarded to an Employee to compensate in whole or in part for time worked in excess of the minimum work time required of that Employee as a condition of his or her employment. 5. "Leave of absence" means any period during which an Employee does not receive (i) compensation for employment; (ii) service credits towards pension benefits; and (iii) health insurance benefits paid for by the Village. 6. "Political activity' means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities(i) relating to the support or opposition of any executive, legislative or administration action; (ii) relating to collective bargaining; or(iii)that are otherwise in furtherance of the person's official duties. 7. "Prohibited political activity"means: a. Preparing for, organizing or participating in any political meeting, political rally, political demonstration or other political event. 109 b. Soliciting contributions, including but not limited to the purchase of, selling; distributing or receiving payment for any candidate or political organization for tickets for any political fundraiser, political meeting or other political event. c. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. d. Planning, conducting or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. e. Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. f. Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question. g. Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. h. Initiating for circulation, preparing, circulating, reviewing or filing any petition on behalf of a candidate for elective office or for or against any referendum question. i. Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. j. Preparing or reviewing responses to candidate questionnaires. k. Distributing, preparing for distribution, or mailing campaign literature, campaign signs or other campaign material on behalf of any candidate for elective office or for or against any referendum question. I. Campaigning for any elective office or for or against any referendum question. m. Managing or working on a campaign for elective office or for or against any referendum question. n. Serving as a delegate, alternate or proxy to a political party convention. o. Participating in any recount or challenge to the outcome of any election. B. No Officer or Employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No Officer or Employee shall intentionally use any property or resources of the Village in connection with any prohibited political activity. C. No Officer or Employee shall intentionally require any other Officer or Employee to perform any prohibited political activity (i) as part of that Officer or Employee's duties, (ii) as a condition of employment, promotion or job assignment, or (iii) during any compensated time off(such as holidays,vacation or personal time off). 3 D. No Officer or Employee shall be required to participate in any prohibited political activity in consideration for that Officer or Employee being awarded additional compensation or any benefit, whether in the form of a promotion, job assignment, salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any Officer or Employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. E. Nothing in this Section prohibits activities that are permissible for an Officer or Employee to engage in as part of his or her official duties or activities that are undertaken by an Officer or an Employee on a voluntary basis which are not prohibited by this Chapter. F. No person either (i) in a position that is subject to recognized merit principles of public employment, or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Ment System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment, promotion,job assignment, or tenure solely because he or she is a member or an officer of a political committee,of a political party or of a political organization or club. Section 1-10-4: Prohibited Gifts. A. Definitions. For purposes of this Section 1-10-4 and Section 1-10-5, the following terms shall be given these definitions: 1. "Gift' means any gratuity, discount, entertainment, recreation opportunity, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink and honoraria for speaking engagements related to or attributable to government employment or the official position of an Officer or Employee. 2. 'Prohibited source" means any person or entity who: a. Is seeking official action (i) by an Officer; or (ii) by an Employee, or by the Officer or another Employee directing that Employee; b. Does business or seeks to do business (i) with the Village or the Officer; or (ii) with an Employee or with the Officer or another Employee directing that Employee; c. Conducts activities regulated (i) by the Officer; or (ii) by an Employee or by the Officer or another Employee directing that Employee; d. Has interests that may be substantially affected by the performance or non- performance of the official duties of the Officer or Employee; or e. Has a contractual relationship with the Village of any nature whatsoever. B. Except as permitted by Section 1-10-5, no Officer or Employee and no spouse of or immediate family member living with any Officer or Employee (collectively referred to herein as "Recipients") shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or this Section. No prohibited source shall intentionally offer or make a gift that violates this Section. C. Not withstanding the exceptions permitted by Section 1-10-5, no Employee shall solicit a gift or any kind, amount or value from any resident, vendor, business or any person with whom the Employee deals in the course of his or her Village duties. 4 Section 1-10-5: Exceptions. Section 1-10-413 is not applicable to the following: A. Opportunities,benefits and services that are available on the same conditions as for the general public. B. Anything for which the Officer or Employee or his or her spouse or immediate family member pays the fair market value. C. Any (i) contribution that is lawfully made under the Election Code; or (ii) activities associated with a fundraising event in support of a political organization or candidate. D. Educational materials and missions. E. Travel expenses for a meeting to discuss business. F. A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister and including the father, mother, grandfather or grandmother of the individual's spouse and the individual's fiance or fiancee. G. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other Officers or Employees or their spouses or immediate family members. H. Food, refreshments, lodging, transportation and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an Officer or Employee), if the benefits have not been offered or enhanced because of the official position or employment of the Officer or Employee, and are customarily provided to others in similar circumstances. I. Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intra- governmental gift" means any gift given to an Officer or Employee from another Officer or Employee and inter-governmental gift" means any gift given to an Officer or Employee by an Officer or Employee of another governmental entity. J. Bequests, inheritances and other transfers at death. K. Any item or items from all Prohibited Sources during any calendar year having a cumulative total value of less than $100.00 and, with respect to food or refreshments, not to exceed $75.00 in any single day, provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared; or (ii) catered. For the purposes of 5 this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. L. Food or refreshments served in conjunction with ground breakings, open houses, grand openings and other similar events hosted by businesses or organizations to which invitations have been extended to a majority of the Corporate Authorities in which event this exemption shall extend to all Officers and Employees who are also invited. M. Food or refreshments served in conjunction with governmental, professional or training seminars. N. Food or refreshments served in conjunction with Chamber of Commerce meetings, Village Homeowner Association meetings or other civic events at which the Officer or Employee has been invited to participate or speak. Each of the exceptions listed in this Section is mutually exclusive and independent of each other. Section 1-10-6: Disposition of Gifts. An Officer or Employee, his or her spouse or an immediate family member living with the Officer or Employee, does not violate this Chapter if the Recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that it exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered or succeeded. Section 1-10-7: Conflicts of Interest. A. Definitions. For purposes of this Section 1-10-7, the following terms shall be given these definitions: 1. "Family relationship" means any relationship of spouse, parent, child or sibling or any personal relationship that would prevent an Officer or Employee from acting with impartiality. 2. "Interest' means any economic interest or relationship, whether by ownership, trust, purchase, sale, lease, contract, option, investment, employment, gift, fee or otherwise; whether present, promised or reasonably expected; whether direct or indirect, including interests as consultant, representative or other person receiving(or who may be receiving) remuneration, either directly or indirectly,as a result of a transaction;whether in the person itself or in a parent or subsidiary corporation, or in another subsidiary of the same parent; whether such interest is held directly or indirectly by the Officer or Employee, the spouse or minor child of such Officer or Employee, or any other person with a family relationship with such Officer or Employee owning or sharing the same household as the Officer or Employee. Interest shall not include (i) interest in a mutual fund or managed account; (ii) an ownership interest of less than 5% in any business entity; or(iii) an interest of general applicability affecting others in similar situations. 3. "Recuse" means to refrain from participation in any official discussion or deliberation regarding a transaction and abstain from any vote on such transaction. 4. "Transaction" means any matter, including without limitation contracts, work or business with the Village, the sale or purchase of real estate by the Village and any requests for zoning, development or subdivision approvals, including without limitation rezonings, 6 variations and special use permits, pending before the Village, with respect to which an Officer or Employee performs an official act or action. B. No Officer or Employee shall participate in any official action with respect to a transaction: (i) in which the Officer or Employee has an interest, or a family relationship with a person having an interest, or (ii) where such participation would constitute a conflict of interest under the statutes or common law of the State of Illinois. C. Any Officer or Employee shall recuse himself or herself in connection with any transaction that comes before such Officer or Employee in the course of his or her official duties,whenever such Officer or Employee has actual knowledge that he or she has (i) any interest in the transaction; (ii) any family relationship with a person having an interest in such transaction; or (iii)any interest in an applicant appearing before the Officer or Employee in an official capacity, even if the Officer or Employee does not have an interest in the transaction itself. D. Upon becoming aware of any conflict of interest as described in Subsections B or C, any Officer or Employee shall promptly notify the appropriate authority of such conflict and the Officer's or Employee's recusal from any official action with respect to the transaction, as follows: 1. Employees shall notify the Director of the Department and the Village Manager; 2. Village Manager shall notify the Village President and the Board of Trustees; 3. Members of boards and commissions shall notify the chairperson of such board or commission; 4. Chairpersons of boards and commissions shall notify the Village Manager, Village President and the Board of Trustees; 5. The Village President shall notify the Village Manager and the Board of Trustees. 6. Any Village Trustee shall notify the Village President, Village Manager and the other members of the Board of Trustees. E. No Officer required to recuse himself or herself in connection with a transaction shall appear before the board or commission of which he or she is a member with respect to such transaction. F. Any Officer who has actual knowledge that he or she, individually or through a family relationship, has an interest in a transaction pending before a board or commission other than the board or commission on which the Officer serves as a member either (i) shall not appear or participate in any way or manner in any Village proceeding relating to such transaction; or (ii) shall disclose such interest on the record prior to participating in any proceeding before a Village board or commission. Section 10-1-8: Statement of Economic Interest. All Officers and Employees required to file a statement of economic interest pursuant to 5 ILCS 420/4A-101 shall file a copy of that statement with the Ethics Advisor by May 1 of each year. Every Officer and Employee not required to file a statement of economic interest shall, by May 1 of each year, file a statement of economic interest with the Ethics Advisor on a form to be provided by the Village. Section 10-1-9: Other Prohibited Activities. 7 A. In addition to the other activities prohibited by this Chapter, all Officers and Employees are prohibited from violating any of the following sections of the Village's personnel policy manual which are incorporated herein by reference as though fully set forth herein: 1. Sexual Harassment—Section 7.01 2. Anti-retaliation—Section 7.01A 3. Outside Employment—Section 7.09A 4. Anti-nepotism.—Section 7.098 B. No Employee shall knowingly participate in the decision to award any Village contract to a person or entity, or its parent or subsidiary, that currently employs or compensates, or that employed, or compensated for services,the Employee,or spouse or immediate family member living with such Employee, during the year immediately preceding the Employee's commencement of employmentwith the Village. C. No former Employee shall, for the one year period immediately following the termination of office or employment with the Village, represent any person or entity in connection with any contract or other engagement of any kind with the Village, without the written approval of the Board of Trustees. D. No Officer or Employee shall disclose any confidential information to any person other than another Officer or Employee.The for purposes of this Section"Confidential Information"means any non public information including information exempt from disclosure pursuant to the Open Meetings Act, 5 ILCS 120/1 et seq., the Freedom of Information Act, 5 ILCS 140/1 et seq. or any other similar federal law or information exempt from disclosure pursuant to a court order. Section 1-10-10: Ethics Advisor. A. The Village Manager or the Village Manager's designee shall serve as the Ethics Advisor. In situations involving questions or complaints about the Village Manager or Assistant `!i!!ag� Manager,the Village Attorney shall serve as the Ethics Advisor. B. The Ethics Advisor shall perform the following duties: 1. Provide guidance to Officers and Employees concerning the interpretation of and compliance with the provisions of this Chapter and State ethics laws. 2. Investigate complaints about possible violations of this Chapter. 3. Refer any violations that cannot be resolved at the Village level to the DuPage County State's Attorney for appropriate action. 4. Such other duties as may be delegated by the Board of Trustees. C. All complaints regarding a violation of this Chapter shall be submitted to the Ethics Advisor in writing. Within thirty (30) days of receiving a complaint the Ethics Advisor shall provide a written response to the complainant, provided that the Ethics Advisor shall not disclose any information exempt or prohibited from disclosure by state or federal law. 8 Section 1-10-11: Penalties. A. Any Employee who violates any provision of this Chapter may be subject to disciplinary action, including termination. B. Any appointed Officer who violates any provision of this Chapter may be subject to removal from office. C. Any person who violates any provision of this Chapter may be fined in an amount not to exceed $1,000.00. Each and every violation shall be considered to be a separate and distinct event. D. All prosecutions for violation of this Chapter shall be in the Circuit Court for the 18th Judicial Circuit. Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 4: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 10th day of June, 2008. John W. Craig /s/ John W. Craig Village President PASSED THIS 10th day of June, 2008. Ayes: Trustees Carson, Kennedy, Saiyed, Sanford and Wolin (Trustee Manofsky-Temporary Chairman Nays: None Absent: President Craig ATTES T: Charlotte K. Pruss /s/ Charlotte K. Pruss Village Clerk